BOARD DATE:	  21 April 2011

		DOCKET NUMBER:  AR20100025613 


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 all of his authorized awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he is entitled to awards that were not included on his DD Form 214 and that were issued by the National Personnel Records Center (NPRC).

3.  The applicant provides a copy of his DD Form 214 and a letter from NPRC.

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 Charlotte, North Carolina, on 21 November 1969 for a period of 2 years.  He completed basic training at Fort Bragg, North Carolina, and advanced individual training as a marine engine operation and maintenance specialist at Fort Eustis, Virginia, before being transferred to Vietnam on 26 January 1971 for assignment to the 329th Transportation Company as a marine craft crewman.

3.  He departed Vietnam on 13 November 1971 and was transferred to Fort Lewis, Washington, where he was honorably released from active duty (REFRAD) on 14 November 1971 as an overseas returnee in the rank of Specialist Five.  He completed 1 year, 11 months, and 24 days of total active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal (NDSM) and the Vietnam Service Medal (VSM).

4.  The letter from NPRC provided by the applicant shows NPRC authorized the shipment of medal sets to the applicant for awards of the NDSM, the VSM with one bronze service star, and the Republic of Vietnam Campaign Medal with Device (1960).

5.  A review of the applicant's records shows the applicant 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 Army Good Conduct Medal (AGCM).

6.  Army Regulation 672-5-1 (Decorations and 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 the 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.

7.  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 Unit Citation.



DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and are found to have merit.

2.  The applicant served the requisite periods of service in Vietnam for award of the VSM with one bronze service star and the Republic of Vietnam Campaign Medals and they should be added to his records at this time.

3.  A review of the applicant's records shows 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 21 November 1969 to 14 November 1971 and his DD Form 214 should be corrected to show this award.

4.  Additionally, the evidence of record shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Accordingly, this unit award should be added to his records at this time as well.

BOARD VOTE:

___x____  ____x___  __x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 AGCM (1st Award) for the period of 21 November 1969 to 14 November 1971 while serving in the rank of specialist five
* deleting award of the VSM from his DD Form 214

* adding the award of the AGCM (1st Award), VSM with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214

2.  The Board wants the applicant and all others to know 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)                                         AR20100025613



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ABCMR Record of Proceedings (cont)                                         AR20100025613



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