IN THE CASE OF:	  

		BOARD DATE:	  31 May 2011

		DOCKET NUMBER:  AR20100029027 


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 the Army Good Conduct Medal (AGCM).

2.  The applicant states he was awarded the ARCOM on 24 December 1969.

3.  The applicant provides orders for the ARCOM.

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 on 10 June 1966.  Upon completion of initial entry training, he was awarded military occupational specialty 95B (Military Policeman).
3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 30 June 1967 to 11 January 1970.

	b.  Item 38 (Record of Assignments) he was assigned to Company A, 720th Military Police Battalion from 3 July 1967 to 17 August 1969 and was attached to Detachment A, 8th Military Police Group from 18 August 1969 through the remainder of his tour in the RVN and that he received "excellent" conduct and efficiency ratings at all of his active duty assignments.  

4.  His Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.

5.  Headquarters, Fort Polk, LA, Special Orders Number 200, dated 4 August 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  Headquarters, 18th Military Police Brigade General Orders Number 205, dated 24 December 1969, awarded him the ARCOM.

7.  On 14 January 1970, he was honorably released from active duty in the rank of specialist four/E-4 after completing 3 years, 7 months, and 5 days of active service.  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 Campaign Medal
* Vietnam Service Medal

8.  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.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while in the RVN.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B of this regulation shows the campaigns for the RVN.  During his tour in the RVN, he participated in eight campaigns:

* Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive ( 30 January - 1 April 1968)
* Vietnamese Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnamese Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnamese Counteroffensive Phase VI (2 November 1968 - 22 February 1969) 
* Tet 69/Counteroffensive (23 February - 8 June 1969) 
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969) 
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows that during his assignment to the 720th Military Police Battalion, it was cited for the Meritorious Unit Commendation for the period 1 June 1967 - 8 February 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1968 and for the RVN Gallantry Cross with Palm Unit Citation for the period 29 September 1966 to 28 March 1973 by DAGO Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the ARCOM and the AGCM has been carefully reviewed.

2.  General orders awarded him the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments and his OMPF is void of derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the first award of the AGCM for his qualifying honorable active duty service from 10 June 1966 through 9 June 1969 and to add this award to his DD Form 214.

4.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  This badge should be added to his DD Form 214.

5.  He was awarded the Vietnam Service Medal.  Additionally, he participated in eight campaigns while in the RVN; therefore, he is entitled to one silver and three bronze service stars to be affixed to his Vietnam Service Medal and correction of his DD Form 214 to reflect these awards.

6.  Based on his service with the 720th Military Police Battalion while in the RVN, he is also entitled to correction of his DD Form 214 to show the Meritorious Unit Commendation and the RVN Gallantry Cross with Palm Unit Citation.

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 first award of AGCM for his period of honorable active duty service from 10 June 1966 through 9 June 1969;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and 

	c.  adding to item 24 of his DD Form 214 the Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with one silver and three bronze service stars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.


      ____________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)                                         AR20100029027



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ABCMR Record of Proceedings (cont)                                         AR20100029027



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