IN THE CASE OF:	  

		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100026486 


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 military record to show:

* Army Good Conduct Medal
* Vietnam Service Medal (VSM) with 4 bronze service stars
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation (RVNGC)

2.  The applicant states his military record includes an error, omission, and injustice relating to his military awards requiring correction.

3.  The applicant provides:

* Self-authored statement
* National Personnel Records Center letter
* DD Form 214
* Discharge order
* DA Form 20 (Enlisted Qualification Record)
* DA Form 2627-1 (Record of Proceedings under Article 15, UCMJ)
* Army Regulations 600-8-22 extracts (6 pages)
* Department of the Army (DA) Pamphlet 672-3 extract (1 page)
* DA General Order Number 8, dated 19 March 1974


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 record shows he was inducted into the Army of the United States on 30 August 1967.  He was awarded military occupational specialty 12B (Combat Engineer).

3.  His DA Form 20 shows he completed an RVN tour from 6 February 1968 to 
2 February 1969.  It also shows he received no less than "excellent" conduct and efficiency ratings at each of his active duty assignments.

4.  On 16 May 1969, the applicant accepted non-judicial punishment (NJP) under the provisions of the Uniform Code of Military Justice (UCMJ) for failing to go at the time prescribed to his appointed place of duty.

5.  The applicant’s Official Military Personnel File (OMPF) contains no documents to show he was ever recommended for or awarded the AGCM by the appropriate award authority.  It is also void of a unit commander's disqualification that would have precluded him from receiving the AGCM.

6.  On 29 August 1969, the applicant was honorably released from active duty after completing 2 years of creditable active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 includes the following:

* National Defense Service Medal
* VSM with bronze service star
* RVN Campaign Medal with Device 1960
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar


7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 of the awards regulation contains guidance on the VSM and states that a bronze service star is authorized with this award for each Vietnam campaign in which a member participated.  

8.  Appendix B of the awards regulation shows that during the applicant's service in Vietnam, participation credit was awarded for the following four campaigns:

* TET Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI

9.  Army Regulation 672-5-1 (Awards) 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.

10.  Department of the Army General Order Number 8, dated 1974, authorized award of the RVN Gallantry Cross with Palm Unit Citation to all units assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should receive the AGCM, 4 bronze service stars with his VSM, and the RVNGC.

2.  Although the applicant's record shows he accepted NJP under Article 15 of the UCMJ for failing to go to at the prescribed time to his appointed place of duty, there is no evidence of record that shows this one indiscretion was a true reflection of his overall record of service.  Subsequent to this offense, he received an “excellent” conduct and efficiency rating during the period he accepted this punishment as he did at all of his assignments.  Further, his record is void of a unit commander disqualification that would have precluded award of the AGCM.  Thus, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service.


3.  His record also show that based on his RVN service and campaign participation he is authorized the four bronze service stars with his already awarded VSM and is authorized the RVNGC.  Therefore, it would be appropriate to add these awards to 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 Army Good Conduct Medal for his qualifying period of honorable service from 30 August 1967 to 29 August 1969;

   b.  amending item 24 of his DD Form 214 by deleting the Vietnam Service Medal with bronze service star and adding the following:

* Vietnam Service Medal with 4 bronze service stars
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	c.  issuing him a correction to his DD Form 214 to show these awards.




      _______ _   __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)                                         AR20100026486





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ABCMR Record of Proceedings (cont)                                         AR20100026486



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