IN THE CASE OF:
BOARD DATE: 10 June 2014
DOCKET NUMBER: AR20130017858
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 (Report of Separation from Active Duty) to show award of the Army Good Conduct Medal (AGCM) 2nd award.
2. The applicant states his AGCMs were not presented to him and were not included on his DD Form 214.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 12 August 1968, DD Form 214 for the period ending12 August 1974, and General Orders Number 356.
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 13 September 1965. He completed training and he was awarded military occupational specialty 63C (Track Vehicle Mechanic).
3. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam during the period 9 June 1967 through 8 June 1968. Item 38 (Record of Assignments) shows he was assigned to Company B, 7th Battalion, 8th Artillery Division through 8 June 1968.
4. .The applicant was honorably discharged on 12 August 1968 for the purpose of immediate reenlistment.
5. The applicant's DD Form 214 for the period ending in 12 August 1968 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
6. On 12 August 1974, he was honorably discharged in the rank/grade of specialist four(SP4)/E-4. He completed 6 years of total active service with no time lost. This DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Drivers and Mechanics Badge with Driver-W Bar
7. His records do not contain orders awarding him the Army Good Conduct Medal.
8. A review of the applicant's service record shows no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions which would disqualify him for the first award of the AGCM. Additionally, there are no entries in his record to indicate his commanders denied him award of the AGCM.
9. He provided Headquarters, III Corps and Fort Hood, General Orders Number 356, dated 8 July 1974, awarding him the AGCM (1st award) for the period 13 September 1965 to 12 September 1968 and the AGCM (2nd award) for the period 13 September 1968 to 12 September 1971.
10. 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 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.
11. 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 7th Battalion, 8th Artillery, was cited for award of the Meritorious Unit Commendation for the period 1 July 1967 through 1 May 1968 by Department of the Army General Order (DAGO) Number 17, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 2 May 1968 30 August t 1971 by DAGO Number 51, dated 1971.
DISCUSSION AND CONCLUSIONS:
1. General orders awarded the applicant the AGCM (1st and 2nd awards). Therefore, his DD Form 214 should be corrected to show this award.
2. His unit was also awarded the Meritorious Unit Commendation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for periods he was assigned to the unit. These unit awards should also be added to his DD Form 214.
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 to his DD Form 214 for the period ending 12 August 2974 the:
* Army Good Conduct Medal (2nd award)
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class 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) AR20130017858
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130017858
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