IN THE CASE OF:
BOARD DATE: 12 October 2010
DOCKET NUMBER: AR20100011944
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 all unit citations/awards authorized.
2. The applicant states he was told his unit earned additional medals during the time he served that are not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 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's military record shows he was inducted into the Army of the United States on 2 March 1967. He served in the Republic of Vietnam from 22 July 1968 to 20 February 1969 and was assigned to Company D, 1st Battalion, 11th Infantry, 5th Infantry Division. The applicant was honorably released from active duty on 20 February 1969.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards: National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, one overseas service bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16).
4. The applicant's records show no records of nonjudicial punishment 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. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This document shows that the 1st Battalion, 11th Infantry, to which the applicant was assigned, was cited for award of Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 43, dated 1970.
6. Appendix B of Army Regulation 600-8-22 (Military Awards) shows three campaigns during the applicant's tour of duty in Vietnam. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
7. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal (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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was assigned to the 1st Battalion, 11th Infantry, at the time the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore he is entitled to correction of his records to show this award.
2. The evidence of record also shows the applicant is entitled to three bronze service stars to be worn on his already-awarded Vietnam Service Medal.
3. 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 the first award of the AGCM for the period 2 March 1967 to 20 February 1969 and 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 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 2 March 1967 to 20 February 1969;
b. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and
c. adding to his DD Form 214 the AGCM, Vietnam Service Medal with three bronze service stars, and 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) AR20100011944
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ABCMR Record of Proceedings (cont) AR20100011944
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