IN THE CASE OF:	  

		BOARD DATE:	  16 August 2012

		DOCKET NUMBER:  AR20120003233 


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 his record be corrected to show award of the Army Commendation Medal (ARCOM), Army Good Conduct Medal (AGCM), and Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation. 
 
2.  The applicant states he served as a driver and radio telephone operator (RTO) in the Republic of Vietnam (RVN) and was told by his first sergeant he was being recommended for the ARCOM.  He also states he believes he should have been awarded the AGCM and RVNGC with Palm Unit Citation.  

3.  The applicant provides an American Veterans awards replacement order in support of his request.  

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 15 September 1969, and was trained in and awarded military occupational specialty (MOS) 05B (Radio Operator).  He was promoted to specialist four (SP4)/E-4 on 17 July 1970, and  this is the highest rank he attained while serving on active duty.  

3.  The applicant’s record shows he served in the RVN from 23 April 1970 through 21 April 1971, and that during his RVN tour he was assigned to Company B, 39th Engineer Battalion and performed duties in MOS 05B as a radio operator.  It also shows he received all “excellent” conduct and efficiency ratings throughout his service. 

4.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of any documents or a unit commander's disqualification that would have precluded him from being awarded the first award of the AGCM.  The MPRJ does contain an order indicating he was reduced to private first class (PFC)/E-3 for cause on 
27 January 1971. 

5.  The MPRJ is void of any documents or orders indicating he was ever recommended for or awarded the ARCOM by proper authority while serving on active duty.  

6.  On 22 April 1971, the applicant was honorably released from active duty after completing 1 year, 7 months, and 8 days of active military service.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he earned the following awards:  

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal
* 2 Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar 

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the ARCOM pertaining to the applicant.  

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance for the VSM.  It states a bronze 
service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the following three campaigns for the periods indicated:

* Vietnam Winter-Spring 1970, 1 November 1969 - 30 April 1970 
* Sanctuary Counteroffensive, 1 May - 30 June 1970 
* Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971 

9.  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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the RVN, his unit, the 39th Engineer Battalion, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 May 1970 to        30 April 1971 in Department of the Army General Order (DAGO) 6, dated 1974.  

11.  Department of the Army Pamphlet 672-3, paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that the ARCOM, AGCM, and RVNGC with Palm Unit Citation be added his DD Form 214 has been carefully considered and found to have partial merit.

2.  Notwithstanding the minor misconduct represented by the reduction order in the MPRJ, the evidence of record confirms the applicant received all "excellent" conduct and efficiency ratings throughout his service.  Further, his record is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the AGCM.  Therefore, it would be appropriate to award him the AGCM for the period 15 September 1969 through 22 April 1971, and to correct his DD Form 214 to show this award.

3.  The evidence of record also confirms that based on his RVN service and campaign participation he is entitled to the RVNGC with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 3 bronze service stars with his already-awarded VSM.  Therefore, his DD Form 214 should also be corrected to show these awards.

4.  The applicant’s request to be awarded the ARCOM has also been considered.  However, absent any evidence of record corroborating the applicant’s claim he was recommended for this award, or that he was ever awarded the ARCOM by proper authority while serving on active duty, there is an insufficient evidentiary basis to support granting 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 awarding him the Army Good Conduct Medal for his period of qualifying honorable service from 15 September 1969 to 22 April 1971; and by amending his DD Form 214 by deleting the current Vietnam Service Medal entry and adding the following awards:

* Army Good Conduct Medal 
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 the Army Commendation 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)                                         AR20120003233



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ABCMR Record of Proceedings (cont)                                         AR20120003233


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