IN THE CASE OF:
BOARD DATE: 27 July 2011
DOCKET NUMBER: AR20100025483
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 Army Commendation Medal (ARCOM) and any other awards he may be entitled to receive.
2. He states his DD Form 214 should reflect the above award.
3. He provides his DD Form 214 and the ARCOM certificate with orders and the citation.
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's military records show he was inducted into the Army of the United States on 2 December 1969. He was assigned to the Republic of Vietnam from 28 October 1970 to 28 October 1971 and he served with Company A, 589th Engineer Battalion. He was honorably released from active duty on
29 October 1971 and credited with 1 year, 10 months, and 10 days of active service.
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 (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
4. General Orders Number 1207, dated 7 September 1971, certificate, and citation show he was awarded the ARCOM for meritorious service during the period 28 October 1970 to 27 October 1971.
5. There is no record of court-martial or a commander's disqualification statement for award of the Army Good Conduct Medal (AGCM) contained in his records. Additionally, his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his period of service.
6. Army Regulation 672-5-1 (Military Awards), in effect at the time, stated 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.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War. This pamphlet provides for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in Vietnam between 20 July 1965 and 28 March 1973 that were subordinate to Headquarters, U.S. Army Vietnam, by Department of the Army General Orders Number 8, dated 1974.
8. Appendix B of Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the VSM for participation in each campaign. Based on his service in Vietnam, he is credited with participation in the following campaigns:
* Vietnam Counteroffensive Phase VII ( July 1970 - 30 June 1971)
* Consolidation I (1 July 1971 - 30 November 1971)
DISCUSSION AND CONCLUSIONS:
1. Orders verify that he is entitled to correction of his DD Form 214 to show award of the ARCOM.
2. The evidence of record shows he received "excellent" conduct and efficiency ratings and he had no record of court-martial and no commander's disqualification for award of the AGCM. Therefore, he is entitled to award of the AGCM for the period 2 December 1969 to 29 October 1971 and correction of his records to show this award.
3. The evidence of record shows he is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his DD Form 214 should be corrected to show this award.
4. Additionally, the evidence shows he participated in two campaigns during his service in Vietnam. Therefore, he is entitled to correction of his records to show two bronze service stars for wear on his already-awarded 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:
a. awarding him the AGCM for the period 2 December 1969 to 29 October 1971;
b. deleting the VSM from item 24 of his DD Form 214; and
c. adding the ARCOM, AGCM, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the VSM with two service stars to item 24 of his DD Form 214.
___________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.
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