IN THE CASE OF:
BOARD DATE: 2 December 2010
DOCKET NUMBER: AR20100016931
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 that he be awarded the Army Good Conduct Medal (AGCM).
2. The applicant states that it is his understanding that if a Soldier served with a combat unit with good behavior and no misconduct then he is eligible for award of the AGCM.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of his Honorable Discharge Certificate.
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 was inducted into the Army of the United States on
20 September 1968. He completed basic training at Fort Leonard Wood, Missouri and advanced individual training as a light weapons infantryman at Fort Ord, California before being transferred to Vietnam on 11 March 1969 for assignment to Company A, 5th Battalion, 46th Infantry Regiment, 198th Infantry Brigade.
3. He was promoted to the pay grade of E-6 on 8 January 1970 and departed Vietnam on 10 March 1970 for assignment to Fort Hood, Texas where he remained until he was honorably released from active duty (REFRAD) on
21 August 1970. He had served 1 year, 11 months, and 2 days of total active service. He was awarded the National Defense Service Medal, Vietnam Service Medal (VSM) with one bronze service star, Combat Infantryman Badge, Army Commendation Medal, Bronze Star Medal, and the Air Medal.
4. A review of the applicants official records show he received "excellent" conduct and efficiency ratings throughout his period of service and his record is void of any derogatory information that would serve to disqualify him for award of the AGCM.
5. Army Regulation 672-5-1, in effect at the time, established the criteria for award of the AGCM. It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. The regulation also states, in pertinent part, that for the first award only, upon termination of service on or after 27 June 1950, a period of service of less than
3 years but more than 1 year qualifies for award of the AGCM. There is no automatic entitlement to award of the AGCM.
6. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicants unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation during the period he was assigned to the unit. Additionally, he participated in three campaigns while assigned to Vietnam and thus is entitled to be awarded three bronze service stars for wear on his already awarded VSM.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should have been awarded the AGCM has been noted and appears to have merit.
2. After carefully examining the applicants record of service, it appears the applicant should have received the AGCM for his service from 20 September 1968 through 21 August 1970. This conclusion is based on the fact that 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 applicants unit commander to disqualify him from receiving the award.
3. Additionally, the applicants unit was subsequently awarded the RVNGC w/Palm Unit Citation. Accordingly, he is entitled to this award as well as three bronze service stars for wear on his VSM.
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 awarding him the AGCM for his service from 20 September 1968 through 21 August 1970 and adding to his DD Form 214 the AGCM, RVNGC w/Palm Unit Citation and three bronze service stars for wear on his already-awarded VSM.
_______ _ _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) AR20100016931
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ABCMR Record of Proceedings (cont) AR20100016931
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