IN THE CASE OF:	  

		BOARD DATE:	  7 October 2011

		DOCKET NUMBER:  AR20100027436 


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 award of Army Good Conduct Medal (AGCM) and the Army Commendation Medal (ARCOM).

2.  He does not provide any explanation for his request.

3.  He provides his DD Form 214. 

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 records show he enlisted in the Regular Army on
27 February 1969.  He served in the Republic of Vietnam from 8 December 1969 to 9 November 1970 and was assigned to Headquarters and Headquarters Company, 27th Engineer Battalion.  He was honorably released from active duty on 7 December 1971 after completing 2 years, 9 months, and 19 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)
* Vietnam Campaign Medal with Device (1960)
* two Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  Headquarters, 18th Engineer Brigade, General Orders Number 1048, dated 17 November 1970, contained in his records awarded him the ARCOM for the period December 1969 to December 1970.  

5.  His records show no evidence of nonjudicial punishments under Article 15 of the Uniform Code of Military Justice and no evidence of courts-martial or any other type of adverse action.  Additionally, his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.

6.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided 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.  A review of the applicant's records indicates he is entitled to additional awards that are not shown on his DD Form 214.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units which served in the Vietnam War.  This pamphlet shows Headquarters and Headquarters Company, 27th Engineer Battalion 


was cited for the award of the Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders (DAGO) Number 6, dated 1974.  The same pamphlet provides for the 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 which were subordinate to Headquarters, U.S. Army Vietnam by DAGO Number 8, dated 1974.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.  His records indicate he participated in the following campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 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 courts-martial and no commander's disqualification for award of the AGCM.  Therefore, he is entitled to award of the AGCM for the period 27 February 1969 to 7 December 1971 and correction of his records to show this award.

3.  The evidence of record shows he was assigned to a unit during the period that it was cited in orders for the Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show these awards.

4.  Additionally, the evidence shows he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show three 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 27 February 1969 to 7 December 1971;

	b.  deleting the VSM from item 24 of his DD Form 214; and

	c.  adding the ARCOM, AGCM, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the VSM with three 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.

ABCMR Record of Proceedings (cont)                                         AR20100027436



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ABCMR Record of Proceedings (cont)                                         AR20100027436



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