BOARD DATE:	  15 March 2011

		DOCKET NUMBER:  AR20100022873 


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 that his records be corrected to reflect award of the:

* Vietnam Service Medal (VSM) with the appropriate number of bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with M-16, M-14 and grenade bars
* Any other unit awards he is entitled

2.  The applicant states the above awards were left off his DD Form 214 at the time of separation.

3.  The applicant provides copies of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of his Enlisted Qualification Record 
(DA Form 20).

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 served honorably in the Army of the United States from 5 February to 11 February 1969 until he was discharged for immediate enlistment in the Regular Army.   

3.  On 12 February 1969, he enlisted in the Regular Army for a period of 3 years.  He completed the training requirements and he was awarded military occupational specialty (MOS) 76P (Stock Control and Accounting Specialist).  He was transferred to Fort Lee, Virginia and he completed the training requirements, and he was awarded MOS 76S (Automotive Repair Parts Specialist) 

4.  He was transferred to Vietnam on 6 August 1969 for assignment to Headquarters and Headquarters Company, 554th Engineer Battalion (Construction).  On 21 June 1970, he was awarded primary MOS 63B (Wheel Vehicle Mechanic) and promoted to sergeant pay grade of E-5.

5.  On 5 August 1970, he departed Vietnam after he had participated in four campaigns, and he was assigned to Fort Knox, Kentucky where he remained until he was honorably released from active duty (REFRAD) on 16 December 1971.  He had completed 2 years, 10 months, and 5 days of total active service.

6.  His DD Form 214 issued at the time of REFRAD shows he was awarded the National Defense Service Medal, VSM, and the Vietnam Campaign Medal.

7.  The applicant’s official records contain orders awarding him the Army Commendation Medal for meritorious service from 6 August 1969 to 5 August 1970.  His records also contain orders awarding him the Sharpshooter Marksmanship Qualification Badge (M-16 Rifle) and the Marksman Marksmanship Qualification Badge (M-14 Rifle).  There are no orders in his record awarding him the marksmanship badge for the grenade.

8.  His records also show that he had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).
9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.  

10.  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 during the applicant's assignment, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class (RVNCAHM-FC) Unit Citation.

11.  Army Regulation 600-8-22 (Military Awards) states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted and appear to have some merit.  The applicant was awarded the ARCOM, the Sharpshooter Marksmanship Qualification Badge (M-16 Rifle), and the Marksman Marksmanship Qualification Badge (M-14 Rifle).  Additionally, he served in Vietnam during four campaigns and he is entitled to wear four bronze service stars on his already awarded VSM.  His unit was also awarded the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation during the period he served with the unit and thus he is entitled to have all of these awards added to his DD Form 214.

2.  A review of the applicant's records show he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the first award of the AGCM.  Therefore, it appears that the failure to award him the first award of the AGCM was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 5 February 1969 to 16 December 1971 and his DD Form 214 should be corrected to show this award.

3.  While the sincerity of the applicant’s claim that he was awarded the Sharpshooter Marksmanship Qualification Badge with grenade bar is not in doubt, the applicant has failed to provide any orders and his record does not contain any orders which reflect this award.  Therefore, in the absence of orders there appears to be no basis to correct his DD Form 214 to show this award 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:

   a.  awarding him the Army Good Conduct Medal (1st Award) for the period 5 February 1969 to 16 December 1971;

   b.  deleting the VSM from his DD Form 214, dated 16 December 1971; and.

	c.  adding the following awards to his DD Form 214, dated 16 December 1971:

* Army Good Conduct Medal
* VSM with four bronze service stars
* ARCOM
* RVNGC w/Palm Unit Citation
* RVNCAHM-FC Unit Citation
* Sharpshooter Marksmanship Qualification Badge (M-16 Rifle)
* Marksman Marksmanship Qualification Badge (M-14 Rifle)

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 adding the Sharpshooter Marksmanship Qualification Badge with grenade bar to his DD Form 214.  

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)                                         AR20100022873



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ABCMR Record of Proceedings (cont)                                         AR20100022873



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