IN THE CASE OF:	  

		BOARD DATE:	  10 April 2012

		DOCKET NUMBER:  AR20110019411 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect all of his authorized awards.

2.  The applicant states his DD Form 214 does not contain all of the awards reflected on his DA Form 1577 (Authorization for Issuance of Awards), dated 22 March 1989.

3.  The applicant provides copies of his DD Form 214 and DA Form 1577.

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 was inducted into the Army of the United States in Fargo, North Dakota, on 1 April 1968.  He completed basic training at Fort Lewis, Washington, and advanced individual training as a wheeled track vehicle operator at Fort Leonard Wood, Missouri, before being transferred to Thailand on 25 August 1968.

3.  He was assigned to Company D, 538th Engineer Battalion, U.S. Army Support Command-Thailand as a wheeled tractor operator.  He departed Thailand on 17 August 1969 and was transferred to Fort Carson, Colorado, where he remained until he was honorably released from active duty (REFRAD) on 31 March 1970 due to the expiration of his term of service.  He completed 2 years of active service.  His DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).

4.  On 22 March 1989, the U.S. Army Reserve Personnel Center issued the applicant a DA Form 1577 authorizing the issuance of medal sets for the Army Good Conduct Medal (AGCM), National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Expert Marksmanship Qualification Badge with Rifle Bar.  The DA Form 1577 also indicates the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his service and contains records of two minor nonjudicial punishments imposed against him.  However, neither was of such a serious nature as to disqualify him for award of the AGCM.

6.  His records also show no indication the applicant or his unit ever served in Vietnam.  A review of the unit history shows the 538th Engineer Battalion was inactivated in Thailand on 15 June 1970.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) fails to show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

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.

9.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  Members in Thailand, Laos, or Cambodia during the same period and serving in direct support of operations in Vietnam are also eligible for this award.  "Direct support" is defined as services being supplied the combat forces in the area of operations by ground units, ships, and aircraft providing supplies and equipment to the forces concerned, provided it involves actually entering the designated area, and ships and aircraft providing fire, patrol, guard, reconnaissance, or other military support.

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant's DD Form 214 and his DA Form 1577 shows the applicant was issued medal sets for the AGCM and Expert Marksmanship Qualification Badge with Rifle Bar and neither of those are reflected on his DD Form 214.

2.  After carefully examining the applicant's record of service, it appears the applicant should have received the first award of the AGCM for his service from 1 April 1968 through 3 March 1970.  This conclusion is based on the fact that the applicant's record is void of any derogatory information which would preclude him from being awarded the AGCM and the lack of any specific action by the applicant's unit commander to disqualify him from receiving this award.

3.  The evidence suggests the applicant's not receiving the AGCM was likely the result of an administrative error as opposed to being the result of a conscious disqualification by any of his unit commanders.  Therefore, since he has already been issued the medal set, it would be appropriate to add award of the AGCM to his DD Form 214 at this time along with his award of the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  However, there is no evidence to show the applicant served in Vietnam or the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Accordingly, there is no basis to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding awards of the Army Good Conduct Medal and Expert Marksmanship Qualification Badge with Rifle Bar to his DD Form 214.

2.  The Board further determined 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 award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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)                                         AR20110019411



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ABCMR Record of Proceedings (cont)                                         AR20110019411



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