IN THE CASE OF:
BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110006210
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, in effect, correction of his 1 February 1972 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Good Conduct Medal (AGCM) and Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. He states he received these awards after his release from active duty.
3. He does not provide any additional evidence.
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 12 May 1970. He was honorably discharged on 17 May 1970 for immediate enlistment in the Regular on 18 May 1970. He served in the Republic of Vietnam from 4 December 1970 to on or about 29 November 1971. He was honorably released from active duty on 1 February 1972 after completing 1 year, 8 months, and 20 days of total active service.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his 1 February 1972 DD Form 214 shows the following:
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
4. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 45th Medical Company effective 7 December 1970. On 27 March 1971, he was reassigned to the 283rd Medical Detachment.
5. His records show no evidence of nonjudicial punishment 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 shows he received "excellent" conduct and efficiency ratings throughout his service.
6. A review of the applicant's records indicates he is entitled to additional awards that are not shown on his DD Form 214.
7. 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.
8. 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 shows the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam between 20 July 1965 and 28 March 1973 by Department of the Army General Orders (DAGO) Number 8, dated 1974.
9. Department of the Army Pamphlet 672-3 also shows that both the 45th Medical Company and the 283rd Medical Detachment were cited for award of the Meritorious Unit Commendation by DAGO Number 5, dated 1973, during the period he was assigned.
10. Appendix B of Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for wear on the VSM for participation in each campaign. His records indicate he participated in the following campaigns:
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)
* Consolidation I (1 July-30 November 1971)
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant received "excellent" conduct and efficiency ratings and he had no adverse actions or commander's disqualification for award of the AGCM. Therefore, he is entitled to the first award of the AGCM for the period 12 May 1970 through 1 February 1972 and to correction of his DD Form 214 to show this award.
2. The evidence shows he is authorized the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be worn on his VSM. Therefore, he is entitled to have these awards added 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 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 (1st Award) for the period 12 May 1970 through 1 February 1972;
b. deleting the VSM from item 24 of his 1 February 1972 DD Form 214; and
c. adding the AGCM (1st Award), VSM with two bronze service stars, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of his 1 February 1972 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) AR20110006210
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