IN THE CASE OF:	  

		BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100021261 


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) and the “Republic of Vietnam Defense Commemorative Medal.”

2.  The applicant states that he deserved the AGCM and the “Republic of Vietnam Defense Commemorative Medal” because he was a good Soldier.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 enlisted in the Regular Army in Fresno, California on 1 April 1969 for a period of 3 years and training as a stock control and accounting specialist.

3.  He completed his basic training at Fort Ord, California and was transferred to Fort Lee, Virginia to undergo his advanced individual training (AIT) as a stock control and accounting specialist (military occupational specialty 76P) on 13 June 1969.  He was advanced to the pay grade of E-2 on 1 July 1969 while in the 76P course.

4.  He completed the 76P course and was transferred to the 76Q (Special Equipment Repair Parts Specialist) Course at Fort Lee.  He completed that course and was transferred to Vietnam on 11 October 1969 for assignment to the United States Army Support Command, Qui Nhon for duty as a security guard.  He was advanced to the pay grade of E-3 on 14 October 1969.

5.  On 8 December 1969, he was transferred to the 134th Quartermaster Company for duty as a petroleum supply handler.  He was advanced to the pay grade of E-4 on 6 February 1970.

6.  He served in three campaigns and departed Vietnam on 10 October 1970.  He was transferred to Fort Lewis, Washington for assignment to the 151st Stock Control Company for duty as a stock records specialist.

7.  On 7 July 1971, the applicant submitted a request for separation from active duty due to an unfulfilled enlistment commitment.  His request was approved by the Department of the Army, Office of Personnel Operations in Washington, D.C. on 30 July 1971.

8.  On 13 August 1971, the applicant was honorably released from active duty (REFRAD) due to an unfulfilled enlistment commitment.  He had served 2 years, 4 months, and 13 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), and the Republic of Vietnam Campaign Medal.

9.  A review of his official records shows that he had "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 AGCM.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges 
awarded during the Vietnam Conflict.  It shows that all units in Vietnam were later awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  

DISCUSSION AND CONCLUSIONS:

1.  A review of his records shows that the applicant had "excellent" conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for the first award of the AGCM.  Therefore, it must be presumed that the failure to award him the AGCM was the result of an administrative error.  Accordingly, it would be in the interest of justice to award him the AGCM (1st award) for the period of 1 April 1969 to 13 August 1971 and to correct his DD Form 214 to show this award.

2.  The applicant served during three campaigns while in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to Headquarters, U.S. Army Vietnam and all its subordinate units.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  Most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not be shown on a discharge document.  Accordingly, this issue will not be further addressed in this record of proceedings.

BOARD VOTE:

___X____  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Army Good Conduct Medal (1st award) for the period     1 April 1969 through 13 August 1971
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the Army Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  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)                                         AR20100021261





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ABCMR Record of Proceedings (cont)                                         AR20100021261



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