BOARD DATE:	  24 April 2012

		DOCKET NUMBER:  AR20110021203 


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 award of the Army Good Conduct Medal (AGCM) and any other awards to which he is entitled to.

2.  The applicant states an oversight occurred when he was not awarded the AGCM that he earned.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and page one of his DA Form 20 (Enlisted Qualification Record).

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 St. Louis, MO on 11 April 1967 and he completed his one-station unit training as a light vehicle driver at Fort Leonard Wood, MO before being transferred to Vietnam on 21 August 1967.

3.  He was assigned to B Battery, 6th Battalion, 29th Artillery Regiment,
4th Infantry Division.   On 20 August 1968, he departed Vietnam en route to his next assignment at Fort Ord, CA where he remained until he was honorably released from active duty (REFRAD) on 10 April 1969 at the expiration of his term of service.  He had served 2 years of total active service.  The DD Form 214 he was issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960); and the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record also contains an ORD Form 700 (Conduct and Efficiency Ratings) for the period
20 September 1968 to 10 April 1969.  This form shows he received "excellent" conduct and efficiency ratings during the specified period.

5.  A review of his official records does not show any derogatory or disciplinary information or a commander's disqualification that would serve to disqualify him for the first award of the AGCM.

6.  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 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.

7.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)


* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

8.  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 6th Battalion, 29th Artillery Regiment, was cited for award of the:

* Presidential Unit Citation for the period 29 October through 30 November 1967 by Department of the Army General Order (DAGO) Number 38, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1966 through 31 October 1969 by DAGO Number 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  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 11 April 1967 through 10 April 1969.  His record is void of any derogatory or disciplinary information or a commander's disqualification that would have precluded the applicant from being awarded the AGCM.  The evidence further suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders.  Therefore, in the interest of justice, this error should be corrected by awarding the applicant the AGCM (1st Award) and correcting his DD Form 214 to show this award.

2.  The applicant participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

3.  The applicant’s unit was cited for award of the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.


BOARD VOTE:

___x____  ___x___  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
11 April 1967 through 10 April 1969; and

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      __________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)                                         AR20110021203





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