IN THE CASE OF:	  

		BOARD DATE:	  7 February 2013

		DOCKET NUMBER:  AR20120014011 


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 the award of the Army Good Conduct Medal (AGCM).

2.  He states he was drafted into the U.S. Army in May 1970 and within 
11 months he was promoted from E-1 to E-4.  He adds that you do not achieve three ranks in 11 months without good behavior, discipline, and conduct.

3.  He does not provide any 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's military records show he was inducted into the Army of the United States on 7 May 1970.  He served in the Republic of Vietnam from 
2 June 1971 to 16 December 1971.  He served 1 year, 7 months, and 15 days on active duty and achieved the rank of E-4.  He was honorably released from active duty on 21 December 1971.

3.  During his tenure of service in Vietnam, he was assigned to the following units:

* Headquarters and Headquarters Company, 538th Engineer Company, from 14 June 1971 to 9 December 1971
* 159th Engineer Company, from 10 to 16 December 1971

4.  Item 24 of his DD Form 214 shows the following:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar (M-203)

5.  His DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his period of service.  There is no record of any Article 15's, courts-martial, or any type of adverse action in his available records.  There is also no record of a commander's disqualification for the AGCM.

6.  Army Regulation 672-5-1 (Awards) provided that the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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) 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.  

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units which served in the Vietnam War.  This pamphlet shows the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam between 20 July 1965 and 28 March 1973 by Department of the Army General Orders Number 8, dated 1974.

9.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the VSM and 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, participation credit was awarded for the following three campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July 1971 - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant received "excellent" conduct and efficiency ratings and he had no adverse actions or commander's disqualification for award of the AGCM.  Therefore, he is entitled to award of the AGCM (1st Award) for the period 7 May 1970 to 21 December 1971 and correction of his 
DD Form 214 to show this award.

2.  He was assigned in the Republic of Vietnam for more than 6 months.  Therefore, he is authorized the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award.

3.  The evidence shows he is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this unit award.

4.  The evidence shows he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars to be worn on his already-awarded VSM.

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. awarding him the Army Good Conduct Medal (1st Award) for the period
7 May 1970 to 21 December 1971;

	b.  deleting from his DD Form 214 the Vietnam Service Medal; and 

   c.  adding to his DD Form 214 the Army Good Conduct Medal (1st Award), the Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam 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)                                         AR20120014011





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ABCMR Record of Proceedings (cont)                                         AR20120014011



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