IN THE CASE OF:	  

		BOARD DATE:	  23 September 2010

		DOCKET NUMBER:  AR20100010117 


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 he served honorably for the entire duration of his 3-year enlistment; however, he was not awarded the AGCM.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharger).

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.  The applicant enlisted in the Regular Army on 26 November 1968 for a period of 3 years and training as a petroleum storage specialist.  He completed his basic training at Fort Campbell, KY, and his advanced individual training as a petroleum storage specialist at Fort Lee, VA.

3.  He was transferred to U.S. Army Pacific Command-Vietnam on 15 June 1969 and was assigned to Headquarters and Headquarters Company, 160th Aviation Group, and to Company C, 159th Aviation Battalion (Ambulance), until his reassignment to Fort Carson, CO, on 15 June 1970.  He was promoted to the rank of sergeant on 12 May 1971 and performed duties as a cannoneer until the expiration of his term of service.

4.  On 4 November 1971, the applicant was honorably released from active duty at Fort Carson and transferred to the U.S. Army Reserve Control Group (Reinforcement), St. Louis, MO.  He served 2 years, 11 months, and 9 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Army Commendation Medal, Bronze Star Medal, Vietnam Service Medal with two bronze service stars, and Republic of Vietnam (RVN) Campaign Medal with Device (1960).

5.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

6.  The applicant's record is void of documentation showing he was recommended for or awarded the AGCM.  Item 38 of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military career and his record is void of any derogatory information that could serve to disqualify him for this award.

7.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years, except in those cases when the period for the first award ended 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.

8.  Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

9.  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.  This pamphlet shows that during the applicant's assignment to Company C, 159th Aviation Battalion, his unit was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period 31 December 1968 through 2 May 1970 by General Orders Number 48, dated 1970.

10.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns and shows that three designated campaigns coincide with the applicant's period of service:

* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970-30 June 1970)

11.  Army Regulation 600-8-22 states that a bronze service star is awarded for each campaign listed in appendix B.  Authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the AGCM was carefully considered and is supported by the evidence.

2.  The evidence of record confirms the applicant served honorably during the period 26 November 1968 through 4 November 1971.  He received "excellent" conduct and efficiency ratings throughout his military service.  Based on his overall record of service, it would be appropriate to award him the first award of the AGCM and to correct his records to reflect this award.

3.  General orders awarded all units the RVN Gallantry Cross with Palm Unit Citation during the applicant's assignment in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  The applicant's unit was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation during his period of service in the RVN which is not shown on his records.  Therefore, he is entitled to correction of his records to show this unit award.

5.  The applicant was awarded the Vietnam Service Medal.  He participated in three campaigns while serving in the RVN and is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

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 is 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.  awarding him the AGCM (1st Award) for the period 26 November 1968 through 4 November 1971,

	b.  deleting the Vietnam Service Medal with two bronze service stars from item 24 of his DD Form 214, and

	c.  adding the following awards to item 24 of his DD Form 214:

* AGCM (1st Award)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Vietnam Service Medal with three bronze service stars



      ____________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)                                         AR20100010117



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ABCMR Record of Proceedings (cont)                                         AR20100010117



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