IN THE CASE OF:	  

		BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20100007745 


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 award of the Army Good Conduct Medal (AGCM).

2.  The applicant states that he was the best “DAM” sergeant who ever made sergeant in 1 year and he has two Purple Hearts and went beyond the call of duty many times while in Vietnam and he believes he deserves it.

3.  The applicant provides no additional documentation with 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.  He was inducted into the Army of the United States in Kansas City, MO on
2 May 1966 and he was transferred to Fort Leonard Wood, MO to undergo his basic training and then to Fort Gordon, GA to undergo his advanced individual training (AIT) as an infantry indirect fire infantryman.  He completed his AIT and he was transferred to Fort Benning, GA for assignment to Company B, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade.

3.  On 21 November 1966, he was transferred to Vietnam with his unit and he was promoted to the rank/grade of sergeant (SGT)/E-5 on 15 September 1967.  He departed Vietnam on 23 October 1967 and he was transferred to Fort Riley, KS where he remained until he was honorably released from active duty (REFRAD) on 1 May 1968 due to the expiration of his term of service (ETS).  He had served 2 years of total active service.  There is no evidence of a commander's disqualification for award of the AGCM in his records.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 issued at the time of his REFRAD indicates he was awarded the Combat Infantryman Badge, Vietnam Service Medal (VSM), National Defense Service Medal, Vietnam Campaign Medal, Purple Heart with 1st oak leaf cluster, Expert Marksmanship Qualification Badges with Pistol Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) show he received "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that could serve to disqualify him for award of the AGCM.

6.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for 


campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows that at the time of the applicant’s assignment to Vietnam, his unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 12 December 1966 - 31 August 1970m by Department of the Army General Orders 51, dated 1971.

9.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968)

DISCUSSION AND CONCLUSIONS:

1.  Although there is no automatic entitlement to the award of the AGCM, after carefully examining the applicant’s record of service, it appears that the applicant should have received the AGCM for his service from 2 May 1966 through 1 May 1968.  This conclusion is based on the fact that he received "excellent" conduct and efficiency ratings throughout his service, the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  Therefore, he should be awarded the AGCM
(1st award) and his DD Form 214 should be corrected to show this award.

2.  Additionally, the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars for wear on his already-awarded VSM.  Therefore, his DD Form 214 should be corrected accordingly.

BOARD VOTE:

___X____  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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 item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st award) for the period
2 May 1966 through 1 May 1968; and

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal
(1st award), Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   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)                                         AR20100007745



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)