BOARD DATE:	  17 January 2013

		DOCKET NUMBER:  AR20120012793 


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).

2.  The applicant states he believes he is entitled to the AGCM.

3.  The applicant provides no additional evidence.

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 11 August 1966.  He was trained in and awarded military occupational specialty (MOS) 12B (Combat Engineer).  He was promoted to specialist five/E-5 on 3 December 1967 and this is the highest rank he attained while serving on active duty.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 7 January 1967 to on or about 7 December 1967.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Companies B and D, 19th Engineer Battalion, performing duties in MOS 12B as a combat construction engineer.  Item 38 also shows he received all "excellent" conduct and efficiency ratings throughout his service.

4.  On 9 August 1968, the applicant was honorably released from active duty after completing 1 year, 11 months, and 29 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, as amended by DD Forms 215 issued on 4 September 2009 and on 28 April 2011, shows he was awarded or authorized the following awards:

* National Defense Service Medal
* Army Commendation Medal
* RVN Campaign Medal with Device (1960)
* Vietnam Service Medal (VSM)
* Valorous Unit Award
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

5.  The applicant's Military Personnel Records Jacket 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.

6.  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 two campaigns for the periods indicated:

* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)

7.  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.

8.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and 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 to be awarded the AGCM has been carefully considered and found to have merit.

2.  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 11 August 1966 through 9 August 1968 and to add this award to his DD Form 214.

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

BOARD VOTE:

___X__  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  awarding him the AGCM (1st Award) for his period of qualifying honorable service from 11 August 1966 through 9 August 1968 and

	b.  amending his DD Form 214 by deleting the current VSM entry and adding the following awards:

* AGCM (1st Award)
* VSM with two bronze service stars
* RVN Gallantry Cross with Palm 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)                                         AR20120012318



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ABCMR Record of Proceedings (cont)                                         AR20120012793



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