BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100020974 


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 award of the Army Good Conduct Medal (AGCM).

2.  He states his DA Forms 137 (Installation Clearance Record) from two permanent duty stations show his conduct and efficiency as "excellent."  He adds that his DA Form 1315 (Reenlistment Data Card) shows he was recommended and eligible for reenlistment.  Additionally, he states the card was marked "excellent" in (Performance on Army Job).

3.  He provides the following:

* DA Forms 137
* DA Form 1315
* Special Orders Number 270, dated 27 September 1967

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 11 May 1966.  He served in the Republic of Vietnam from 
26 October 1966 to 25 October 1967 and he was assigned to Company A, 13th Signal  Battalion, 1st Cavalry Division.  He served 2 years on active duty and he was honorably released from active duty on 10 May 1968.

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)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* 2 Overseas Service Bars

4.  His DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his period of service.  There is no record of any Article 15's, courts-martial, or any type of adverse action in his available records.  There is also no record of a commander's disqualification for the AGCM.

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 his DD Form 214 indicates he is entitled to additional awards that are 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 Company A, 13th Signal Battalion was cited for award of the Presidential Unit Citation by Department of the Army General (DAGO) Number 2, dated 1973 during the period he was assigned.  This document also shows that the13th Signal Battalion was cited for award of the Meritorious Unit Commendation by DAGO 17, dated 1968.  Additionally, the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, United States Army Vietnam by DAGO Number 8, dated 1974.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received "excellent" conduct and efficiency ratings and he had no adverse actions or commander's disqualification for award of the AGCM.  Therefore, he is entitled to award of the AGCM (1st Award) for the period 11 May 1966 to 10 May 1968 and correction of his 
DD Form 214 to show this award.

2.  The evidence shows he is entitled to wear the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be worn on his Vietnam Service Medal.  Therefore, he is entitled to have them added his DD Form 214.

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 (1st Award) for the period 11 May 1966 to 
10 May 1968; 

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and 

   c.  adding to item 24 of his DD Form 214 the AGCM (1st Award), the Vietnam Service Medal with two bronze service stars, the Presidential Unit Citation, the Meritorious Unit Commendation, 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)                                         AR20100020974



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ABCMR Record of Proceedings (cont)                                         AR20100020974



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