BOARD DATE:	  14 December 2010

		DOCKET NUMBER:  AR20100017025 


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 his records be corrected to show awards of the Army of Occupation Medal (Germany) and the Vietnam Service Medal (VSM).

2.  The applicant states that he was a cook stationed in Germany and from there he rotated to Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or discharge from Active Duty).

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 was inducted in Indianapolis, Indiana on 10 November 1966.  He completed his basic training at Fort Campbell, Kentucky and his advanced individual training as a cook at Fort Lee, Virginia before being transferred to Germany for assignment to Headquarters Troop, 3d Recon Squadron, 2d Armored Cavalry Regiment on 29 June 1967.

3.  He departed Germany on 1 March 1968 and was transferred to Vietnam on 7 May 1968 for assignment to Headquarters and Headquarters Company, 1st Battalion, 52d Infantry Regiment, 198th Infantry Brigade.

4.  He departed Vietnam on 2 November 1968 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) as an overseas returnee.  He had served 1 year, 11 months and 23 days of total active service and his DD Form 214 that was issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal and the Purple Heart.

5.  A review of the applicant’s official records shows that he received excellent conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Army of Occupation Medal (AOM) is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location.  Duty with the Army of Occupation of Germany (exclusive of Berlin) during the period of 9 May 1945 and 5 May 1955 qualified for award of the AOM with Germany clasp.  Service with the Army of Occupation of Berlin during the period of 9 May 1945 and 2 October 1990 also qualifies for award of the AOM in Germany.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal (VSM).  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Additionally, he participated in two campaigns while assigned to Vietnam and thus is entitled to be awarded two bronze service stars for wear on his awarded VSM.

8.  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 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 GCMDL.  

9.  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 applicant’s 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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to award of the AOM for his service in Germany has been noted and appears to lack merit.  The applicant has failed to show through the evidence submitted with his application and the evidence of record that his service in Germany qualifies for the AOM.  Therefore, absent such evidence there appears to be no basis to award him the AOM at this time.

2.  However, the evidence of record does establish that he is entitled to award of the VSM with two bronze service stars for his service in Vietnam from May to November 1968.  Accordingly, it should be awarded at this time.

3.  After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 10 November 1966 through 2 November 1968.  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 applicant’s unit commander to disqualify him from receiving the award.  

4.  Additionally, the applicant’s unit was subsequently awarded the RVNGC w/Palm Unit Citation.  Accordingly, he is entitled to have that award added to his records at this time.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Awarding him the VSM with two bronze service stars
* Awarding him the AGCM for the period of 10 November 1966 to 2 November 1968 while serving in the rank of Specialist Five (SP5)
* Adding the award of the RVNGC w/Palm Unit Citation to his records

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the AOM (Germany).

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _ 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)                                         AR20100017025





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ABCMR Record of Proceedings (cont)                                         AR20100017025



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