IN THE CASE OF:	  

		BOARD DATE:	  22 June 2010

		DOCKET NUMBER:  AR20090021427 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Commendation Medal (ARCOM) and the Army Good Conduct Medal (AGCM).

2.  The applicant states he was previously awarded the ARCOM and that he wants this award and the AGCM added to his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and ARCOM certificate in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 2 October 1967, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 64B (Heavy Vehicle Driver).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 17 April 1968 to 25 November 1969.  It also shows he was assigned to the 321st Transportation Company during his RVN tour.

4.  Item 33 (Appointments and Reductions) of the DA Form 20 shows he was promoted to private first class (PFC)/E-3 on 6 May 1968, to specialist four (SP4)/E-4 on 18 December 1968, and to sergeant (SGT)/E-5 on 20 August 1969.

5.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows he received “excellent” conduct and efficiency ratings at each of his assignments during his tenure on active duty.  Item 44 (Time Lost) shows he reported absent without leave (AWOL) from 12 – 14 April 1968 (3 days).

6.  General Orders Number 1333, Headquarters, United States Army Support Command, Saigon, dated 10 October 1969, announced the applicant’s award of the ARCOM for meritorious service during the period January to October 1969.

7.  The applicant’s Official Military Personnel File contains no documents to show he was ever recommended for or awarded the AGCM by the appropriate award authority.  It is also void of a disqualification from any of his active duty unit commanders that would have precluded him from receiving the AGCM.

8.  On 2 October 1970, the applicant was honorably released from active duty.  He had attained the rank of sergeant, pay grade E-5, and had completed 2 years, 11 months, and 28 days of creditable active service.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he earned the following awards:

* National Defense Service Medal
* RVN Campaign Medal with Device 1960
* Vietnam Service Medal with 3 bronze service stars
* Sharpshooter Marksmanship Qualification Badge with M60 Machine Gun Bar
* Expert Marksmanship Qualification Badge with M14 Rifle Bar

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the RVN, he participated in the following six campaign periods:  Vietnam Counteroffensive, Phase IV; Vietnam Counteroffensive, Phase V; Vietnam Counteroffensive, Phase VI; TET 69 Counteroffensive; Vietnam Summer-Fall 1969; and Vietnam Winter-Spring 1970. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 321st Transportation Company was cited in Department of the Army General Orders Number 53, dated in 1970, for award of the Meritorious Unit Commendation (MUC) during the period 1 January 1968 to 30 July 1969.

13.  Department of the Army General Order Number 8, dated 1974, authorized award of the RVN Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the ARCOM and the AGCM.

2.  The evidence of record and general orders clearly show the applicant received the ARCOM for meritorious service while in the RVN.  Therefore, his DD Form 214 should be corrected to show this medal.

3.  Although the applicant's record shows he was AWOL for 3 days from 
12 to 14 April 1968, there is no evidence of record that shows this one indiscretion was a true reflection of his overall record of service.  Subsequent to this offense, he was promoted three separate times and attained the rank of SGT.  He received “excellent” conduct and efficiency ratings at all of his assignments.  Further, his record is void of a unit commander disqualification that would have precluded award of the AGCM.  Thus, it would be appropriate to award him the AGCM for his qualifying period of honorable active service.

4.  The applicant’s unit was cited in general orders for award of the MUC.  Therefore, his records should be corrected to show this unit award.

5.  Records also show that based on the applicant’s RVN service and campaign participation, he is entitled to a silver service star and bronze service star to be affixed to his VSM and entitled to the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his record should be corrected accordingly.

BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from his DD Form 214 the Vietnam Service Medal with three bronze service stars;

	b.  awarding him the AGCM for the period from 2 October 1967 to 
2 October 1970; and

	c.  adding to item 24 of his DD Form 214 the ARCOM, AGCM, MUC, Vietnam Service Medal with one silver service star and one bronze service star, and the RVN Gallantry Cross with Palm Unit Citation; and


	d.  issuing him a document to reflect the above corrections.



      ____________x_____________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090021427



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ABCMR Record of Proceedings (cont)                                         AR20090021427



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