IN THE CASE OF:	  

		BOARD DATE:	  3 November 2011

		DOCKET NUMBER:  AR20110010484


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, award of the Army Good Conduct Medal (AGCM) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  The applicant states he served for 2 years, 2 months, and 28 days, during the Vietnam War, which qualifies him for the AGCM.

3.  The applicant provides:

* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)
* DD Form 214
* Special Orders Number 230, Headquarters, U.S. Army Personnel Center, Oakland, CA, dated 18 August 1970
* internet printout on the AGCM from Wikipedia.com

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 3 January 1968.  He completed training and was awarded military occupational specialty 51B (Carpenter).

3.  His records show he served in the Republic of Vietnam from on or about      20 May 1968 to on or about 17 August 1970.  During his service in Vietnam he was assigned to the:

* 508th Engineer Detachment, from on or about 25 May 1968 to on or about 9 November 1968
* 213th Engineer Detachment, from on or about 10 November 1968 to on or about 17 August 1970

4.  On 18 August 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he completed 2 years, 7 months, and 16 days of net service during this period of active duty, including 2 years, 2 months, and 28 days of foreign service.  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* National Campaign Medal [sic]

6.  There is no evidence in the available records that shows he was awarded the AGCM; however, there is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).  

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he consistently received "excellent" conduct and efficiency ratings throughout his service.  


8.  A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the AGCM.
 
9.  Army Regulation 672-5-1 (Awards), in effect at the time, 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.  There must have been no convictions by a court-martial.

10.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

11.  Special Orders Number 41, Headquarters, U.S. Army Training Center, Fort Campbell, KY, dated 14 February 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

12.  Special Orders Number 121, Headquarters, U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, MO, dated 30 April 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

13.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the units to which the applicant was assigned, subordinate to the U.S. Military Assistance Command, were cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period          8 February 1962 to 28 March 1973, by Department of the Army General Order Number 8, dated 1974.


15.  Army Regulation 600-8-22 states, in pertinent part, that a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized to be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following eight campaigns: 

* Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969)
* Vietnam Summer – Fall 1969	(9 June 1969 – 31 October 1969)
* 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.  The applicant requested the AGCM, for service on active duty between          3 January 1968 and 18 August 1970.  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his service, and there is no evidence he was subject to any disciplinary or derogatory actions during his period of service.  There is no evidence of a commander's disqualification statement pertaining to his first award of the AGCM; therefore, he should be awarded the AGCM (1st Award), for the period 3 January 1968 through 18 August 1970, and his DD Form 214 should be corrected to show this award.

2.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  The applicant served a qualifying period of service in Vietnam for entitlement to the Republic of Vietnam Campaign Medal with Device (1960); however, it is believed that this award is erroneously represented on his DD Form 214 by the entry "National Campaign Medal."  Therefore, it would be appropriate to delete the erroneous entry "National Campaign Medal," and replace it with the proper entry for the Republic of Vietnam Campaign Medal with Device (1960).

4.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, during his period of assignment with the unit; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  Records show he participated in eight campaigns during his service in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show          1 silver service star and 3 bronze service stars, to be affixed to his previously-awarded Vietnam Service Medal.

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 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:

   a. Awarding him the Army Good Conduct Medal (1st Award) for the period   3 January 1968 through 18 August 1970;

   b. Amending item 24 of his DD Form 214 to delete the entry "National Campaign Medal;" and 

   c. Amending item 24 of his DD Form 214 to add the: 

* AGCM (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 1 silver service star and 3 bronze service stars to be affixed to his previously-awarded Vietnam Service Medal

      
      
      ____________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20110010484



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