BOARD DATE: 27 January 2011
DOCKET NUMBER: AR20100016649
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).
2. He states he earned the ARCOM and received the award after his discharge.
3. He 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 records show he was inducted into the Army of the United States on 10 January 1968. He served in the Republic of Vietnam from 17 August 1968 to 11 August 1969 and was assigned to the 146th Aviation Company, 224th Aviation Battalion. He was honorably released from active duty on 14 August 1969 and credited with 1 year, 7 months, and 5 days of active service.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and Automatic Rifle Bar (M-16)
4. General Orders Number 3921, dated 23 October 1969, show he was awarded the ARCOM for meritorious service during the period August 1968 to August 1969.
5. There is no record of courts-martial or a commander's disqualification statement for award of the Army Good Conduct Medal (AGCM) contained in his records. Additionally, his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.
6. A review of his DD Form 214 indicates he is entitled to additional awards that are not shown on this form.
7. Army Regulation 672-5-1 (Military Awards), in effect at the time, stated 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.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War. This pamphlet provides for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in Vietnam between 20 July 1965 and 28 March 1973 that were subordinate to Headquarters, U.S. Army Vietnam, by Department of the Army General Orders Number 8, dated 1974.
9. Appendix B of Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. Based on his service in Vietnam, he is credited with participation in the following campaigns:
* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
DISCUSSION AND CONCLUSIONS:
1. General Orders Number 3921 awarded the applicant the ARCOM. Therefore, his DD Form 214 should be corrected to show this award.
2. The evidence of record shows the applicant received "excellent" conduct and efficiency ratings and he had no record of courts-martial and no commander's disqualification for award of the AGCM. Therefore, he is entitled to the first award of the AGCM for the period 10 January 1968 to 14 August 1969 and correction of his records to show this award.
3. The evidence of record shows he is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
4. The evidence also shows he participated in four campaigns during his service in Vietnam. Therefore, he is entitled to correction of his records to show four bronze service stars to be worn 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 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 10 January 1968 to 14 August 1969;
b. deleting from item 24 of his DD Form 214 the Vietnam Service Medal;
c. adding to item 24 of his DD Form 214 the Army Commendation Medal, the Army Good Conduct Medal, the Vietnam Service Medal with four bronze service stars, 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) AR20100016649
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