IN THE CASE OF:	   

		BOARD DATE:	  25 October 2012

		DOCKET NUMBER:  AR20120007899 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM).

2.  The applicant states he was discharged from service on 29 January 1968, awarded the ARCOM on 15 April 1968, and received the medal on 2 December 1968.

3.  The applicant provides:

* DD Form 214
* a letter from Headquarters, U.S. Army Armor Center, Fort Knox, KY, dated 2 December 1968
* ARCOM Certificate, dated 15 April 1968
* ARCOM Citation
* Page 2 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 on 9 February 1966.  He completed training and he was awarded military occupational specialty 76W (Petroleum Storage Specialist).  The highest rank/grade he attained during this period of service was sergeant (SGT)/E-5.  He served in Vietnam from
1 March 1967 to 28 January 1968 while assigned to the 196th Aviation Company.

3.  General Orders Number 2211, issued by Headquarters, 1st Aviation Brigade, dated 1968, as amended by General Orders Number 4633, issued by the same headquarters, dated 15 July 1968, awarded him the ARCOM for meritorious service in Vietnam for the period July “1966” to January 1968.

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 does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

5.  On 29 January 1968, the applicant was honorably released from active duty on 29 January 1968 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* 1 Overseas Service Bar

6.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in 


those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

7.  Army Regulation 600-8-22 (Military Awards), 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 Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 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 196th Aviation Company, the unit to which the applicant was assigned, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 through 26 March 1967 by Department of the Army General Orders (DAGO) Number 22, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 through 17 May 1968 DAGO Number 46, dated 1968

9.  Paragraph 6 (Miscellaneous Information) of this pamphlet states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the ARCOM.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The evidence of record confirms he served honorably during the period 9 February 1966 through 29 January 1968.  He completed his tour of duty in Vietnam, he received all "excellent" conduct and efficiency ratings throughout his service, and he attained the rank/grade of SGT/E-5.  His record does not contain any derogatory information or a commander's disqualification that would have 


precluded him from being awarded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 9 February 1966 through
29 January 1968 and to correct his DD Form 214 to show this award.

3.  Records show the applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two 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.

4.  The applicant's unit in the Vietnam was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Although he is only authorized to wear one of these awards, his DD Form 214 should be corrected to show both of 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
9 February 1966 through 29 January 1968; and

	c.  adding to his DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 2 bronze service stars


* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)



      ___________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)                                         AR20120007899



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ABCMR Record of Proceedings (cont)                                         AR20120007899



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