IN THE CASE OF:	  

		BOARD DATE:	  27 March 2012

		DOCKET NUMBER:  AR20110019122 


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 the Army Good Conduct Medal (AGCM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states the AGCM is not listed on his DD Form 214 and he believes this is an error.  He states he served in the Republic of Vietnam (RVN) and he should have received this award.  

3.  The applicant provides a DA Form 1577 (Authorization for Issuance of Awards), DD Form 214 and DD Form 215 (Correction to DD Form 214) in support of his application.  

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 record shows the applicant was inducted into the Army of the United States on 4 June 1968, and was trained in and awarded military occupational specialty (MOS) 64A (Light Vehicle Driver).  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 7 January 1969 through 6 January 1970 in item 31 (Foreign Service).  Item 33 (Appointments and Reductions) shows the applicant was first advanced to private first class/E-3 (PFC/E-3), the highest grade he held on active duty, on 23 January 1969.  It also shows he was reduced to private/E-1 as a result of a Special Court-Martial (SPCM) on 15 July 1969.  The record shows he was advanced back to private/E-2 on 15 September 1969 and to PFC/E-3 on
8 April 1970.  

4.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows he received “Fair” conduct and efficiency ratings for the assignment period from 
6 June 1969 to 3 January 1970, while serving in the RVN, and item 41 (Awards and Decorations) does not include the AGCM in the list of earned awards listed.  

5.  Item 44 (Time Lost) of the applicant’s DA Form 20 shows he was absent without leave (AWOL) for 9 days from 12 through 20 October 1969.  

6.  On 23 April 1970, the applicant was honorably released from active duty (REFRAD), in the rank of PFC/E-3, after completing 1 year, 10 months, and 
11 days of active military service.  The DD Form 214 he was issued does not include the AGCM in the list of earned awards listed.  

7.  The applicant provides a DA Form 1577, dated 29 April 1999, issued by the National Personnel Records Center (NPRC), St. Louis, Missouri.  This document includes the AGCM in the list of awards issued to the applicant.  The document provides no indication what the supporting records were supporting this award.  

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 the 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.  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.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add the AGCM to his DD Form 214 has been carefully considered.  However, there is insufficient evidence to support this claim.  

2.  The regulation in effect at the time required a member receive all “excellent” conduct and efficiency ratings and not to have had a court-martial in order to qualify for the AGCM.  In this case, the evidence of record confirms the applicant received “fair” conduct and efficiency ratings for period of his RVN assignment, and that he was reduced as a result of a SPCM.  As a result, the applicant did not qualify to be awarded the AGCM at the time of his REFRAD.  Therefore, notwithstanding what appears to be the erroneous issue of the AGCM to the applicant by the NPRC in 1999, it would not be appropriate or serve the interest of all those who served in the RVN and who faced similar circumstances to add the AGCM to his DD Form 214 at this time.  

3.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   __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)                                         AR20110019122



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ABCMR Record of Proceedings (cont)                                         AR20110019122



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