IN THE CASE OF:
BOARD DATE: 5 October 2010
DOCKET NUMBER: AR20100011829
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 2 April 1969 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the award of the Army Good Conduct Medal (AGCM).
2. The applicant states his service in the military was without any type of negative incidents. He adds he was awarded the Bronze Star Medal and appointed as acting sergeant of his platoon.
3. The applicant provides a copy of his DD Form 214.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records show he was inducted into the Army of the United States on 30 August 1967. He served in the Republic of Vietnam from
2 April 1968 to 31 March 1969 and was assigned to Company A, 173rd Support Battalion. He was honorably released from active duty on 2 April 1969.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 and DD Form 215 (Correction to DD Form 214) shows the following: National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Vietnam Campaign Medal, Bronze Star Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Parachutist Badge.
4. The applicant's records show no records of nonjudicial punishments under Article 15 of the Uniform Code of Military Justice and no record of courts-martial or any other type of adverse action. Additionally, his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.
5. Army Regulation 672-5-1 (Awards) provided that the AGCM was awarded to individuals who completed a qualified 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.
6. A review of the applicant's DD Form 214 indicates he is entitled to an additional award that is not shown on this form.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units which served in the Vietnam War. This document shows the 173rd Support Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 51, dated 1971 during the period the applicant was assigned.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant received "excellent" conduct and efficiency ratings, he had no adverse actions, and no commander's disqualification for award of the AGCM. Therefore, he is entitled to award of the AGCM for the period 30 August 1967 to 2 April 1969 and correction of his records to show this award.
2. The evidence of record also shows the applicant is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, the applicant is entitled to correction of his records to show this award.
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. awarding him the AGCM for the period 30 August 1967 to 2 April 1969 and
b. adding to his 2 April 1969 DD Form 214 the AGCM and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
_______ _ __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) AR20100011829
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ABCMR Record of Proceedings (cont) AR20100011829
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