IN THE CASE OF:	  

		BOARD DATE:	  6 March 2012

		DOCKET NUMBER:  AR20110016354 


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 to add the following awards to item 24 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Army Good Conduct Medal (AGCM) (1st Award)
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation 
* RVN Civil Actions Honor Medal First Class Unit Citation
* Two or three bronze service stars for wear on his Vietnam Service Medal (VSM)
* All medals awarded to the 163rd Supply Company (General Support (GS)) during his tour in Vietnam
* All unit awards granted to the 7th Maintenance Battalion, Germany from 13 February to 1 August 1969

2.  He states the awards were inadvertently omitted from his DD Form 214 upon his departure from the Army.

3.  He provides:

* A copy of his DA Form 20 (Enlisted Qualification Record) 
* Two DD Forms 214
* A letter from the National Personnel Records Center


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.  He was inducted in the Army on 16 August 1966 and was honorably discharged on 19 August 1966 for immediate enlistment.  After completion of training, he served in military occupational specialty 76P (Stock Control and Accounting Specialist). 

3.  His DA Form 20 shows:

* He was assigned to theh 163rd Supply Company (GS), 264th Supply and Service Battalion (GS), Vietnam from February 1967 through February 1968 
* He served in Germany from February through August 1969 with the 
   7th Maintenance Battalion

4.  He was honorably released from active duty on 2 August 1969.  His DD Form 214 for this period indicates he was awarded the:

* National Defense Service Medal 
* VSM
* RVN Campaign Medal with Device (1960)

5.  His record is void of documentation showing he was recommended for or awarded the first award of the AGCM.  He has no record of nonjudicial punishment (NJP) or court-martial conviction.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all “excellent” ratings in conduct, and nearly all “excellent” ratings in efficiency except for his assignment in Germany where he received a rating of “good.” 

6.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying 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.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

7.  Department of the Army General Orders Number 8, dated 1974, announced   award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 
8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This pamphlet does not show any unit awards for the 163rd Supply Company (GS), 264th Supply and Service Battalion (GS) or 7th Maintenance Battalion during the applicant’s periods of service.

9.  Department of the Army Pamphlet 672-3 also lists the campaign periods for the Vietnam era.  Three designated campaigns coincide with the applicant's period of service: 

* Vietnam Counteroffensive, Phase II, 1 July 1966 – 31 May 1967
* Vietnam Counteroffensive, Phase III, 1 June 1967 – 29 January 1968
* TET Counteroffensive, 30 January 1968 – 1 April 1968

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  

DISCUSSION AND CONCLUSIONS:

1.  Although the evidence of record confirms he served honorably during the period 16 August 1966 through 2 August 1969, he received one rating of "good" in efficiency.  The regulation in effect at the time stated a Soldier must have received all "excellent" ratings in both conduct and efficiency in order to qualify for award of the AGCM.  As such, he is not entitled to this portion of the requested relief.

2.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this unit award.

3.  He participated in three designated campaign phases during his service in Vietnam.  Therefore, he is entitled to wear three bronze service stars on his VSM.

4.  Neither the 163rd Supply Company (GS) nor the 7th Maintenance Battalion received the RVN Civil Actions Honor Medal First Class Unit Citation or any other unit awards during the applicant’s period of service.  As a result, he is not entitled to this portion of the requested relief. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting the VSM from item 24 of his DD Form 214 for the period ending 
2 August 1969; and

	b.  adding to item 24 of his DD Form 214 for the period ending 2 August 1969:

* RVN Gallantry Cross with Palm Unit Citation
* VSM with three bronze service stars

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 


denial of so much of the application that pertains to adding the AGCM, RVN Civil Actions Honor Medal First Class Unit Citation or any other unit awards to 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)                                         AR20110016354





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ABCMR Record of Proceedings (cont)                                         AR20110016354



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