IN THE CASE OF:
BOARD DATE: 27 March 2014
DOCKET NUMBER: AR20130012420
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Army Good Conduct Medal (AGCM).
2. He states that general orders awarded him the AGCM; however, the award is not listed on his DD Form 214.
3. He provides his AGCM orders.
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. His record shows he was inducted into the Army of the United States on
26 October 1965 and held military occupational specialty 94B (Cook). On
29 July 1967, he was released from active duty and transferred to the U.S. Army Reserve.
3. He provides General Orders Number 17, issued by Headquarters, 1st Squadron, 11th Armored Cavalry Regiment, dated 9 August 1967, which awarded him the AGCM (First Award) for the period 26 October 1965 to 6 August 1967.
4. His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:
a. Item 31 (Foreign Service) shows he served a tour of duty in the Republic of Vietnam during the period 20 August 1966 to 29 July 1967.
b. Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he served in Howitzer Battery, 1st Squadron, 11th Armored Cavalry Regiment.
5. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Appendix B shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Counteroffensive Phase I. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam. His unit in the Republic of Vietnam was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. General orders awarded him the AGCM (1st Award) for the period 26 October 1965 to 6 August 1967. Therefore, he is entitled to have his DD Form 214 corrected to show this award.
2. General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his tenure. Therefore, he is entitled to have his DD Form 214 corrected to show this unit award.
3. Records show he participated in one campaign during his service in the Republic of Vietnam. Therefore, he is entitled to one bronze service star to be affixed to his already-awarded Vietnam Service Medal.
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 adding the following awards to his DD Form 214:
* Army Good Conduct Medal (1st Award),
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* one bronze service star to be affixed to his previously-awarded Vietnam Service 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) AR20130012420
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130012420
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100022305
Section 2 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received "excellent" conduct ratings throughout his service. Records show he participated in three campaigns during his service in the RVN; therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal. Awarding him the Army Good Conduct Medal (1st Award) for the period 12 September 1963 through 15...
ARMY | BCMR | CY2011 | 20110016739
There is no evidence in the available records that shows he was awarded the AGCM; however, neither is there evidence of a commander's disqualification for the award. There is no evidence of a commander's disqualification statement pertaining to his first award of the AGCM; therefore, he should be awarded the AGCM (1st Award), for the period 8 September 1966 and 6 September 1968, and his DD Form 214 should be corrected to show this award. Awarding him the Army Good Conduct Medal (1st Award)...
ARMY | BCMR | CY2009 | 20090003947
Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. Therefore, he is entitled to have his records corrected to show these unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Army Good Conduct...
ARMY | BCMR | CY2002 | 2002070406C070402
He received a shrapnel wound during that ambush which was treated by the unit’s medic. He served in Vietnam from 20 August 1966 to 19 August 1967. The applicant’s records do not contain any evidence of any disciplinary action being taken against him.
ARMY | BCMR | CY2012 | 20120003192
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 6 May 1969, to show the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and five bronze service stars. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from the applicant's DD Form 214, for the period ending 6 May 1969, the...
ARMY | BCMR | CY2010 | 20100011944
The applicant's military record shows he was inducted into the Army of the United States on 2 March 1967. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to individuals who completed a qualified period of active duty enlisted service. 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 the period 2 March...
ARMY | BCMR | CY2008 | 20080012522
Therefore, his records should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds received in the Republic of Vietnam on 24 July 1967; and b. showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart, two bronze service stars to be affixed to his already awarded Vietnam Service Medal, Republic...
ARMY | BCMR | CY2013 | 20130005649
The evidence of record shows he was wounded on 10 May 1967 as a result of hostile action. The evidence of record confirms the applicant served in the RVN and therefore his DD Form 214 should be corrected to show the RVN Gallantry Cross with Palm Unit Citation. Adding the following awards to his DD Form 214: * PH * AGCM * Two bronze service stars to be affixed to his VSM * PUC * RVN Gallantry Cross with Palm Unit Citation _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded...
ARMY | BCMR | CY2015 | 20150003092
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. The evidence of record shows the applicant participated in four campaigns during his service in the Republic of Vietnam. As a result, the Board recommends that all...
ARMY | BCMR | CY2008 | 20080007072
The applicant requests: a. his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his service in the Republic of Vietnam (RVN); and b. award of all awards and decorations to which he is entitled. Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the AGCM is awarded to individuals who have completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the...