IN THE CASE OF:
BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20130021714
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 that he be awarded the Army Good Conduct Medal (AGCM).
2. The applicant states, in effect, that he met the criteria for award of the AGCM but it was not awarded to him.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), orders awarding him the Army Commendation Medal (ARCOM), and his discharge 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. The applicant enlisted in the Regular Army on 28 March 1967 for a period of
3 years and training as an aviation navigation equipment repairman. He completed basic training at Fort Benning, Georgia and advanced individual training at Fort Gordon, Georgia and he was transferred to Vietnam on
1 December 1967.
3. He was assigned to the 610th Transportation Company and was subsequently attached to the 143rd Signal Detachment. He served in five campaigns and departed Vietnam on 30 November 1968, he was transferred to Fort Stewart, Georgia and then to Corpus Christi, Texas.
4. He was again transferred to Vietnam on 15 July 1969 and he was assigned to Company A, 1st Transportation Corps Battalion, United States Naval Ship Corpus Christi Bay. He served in two campaigns and departed Vietnam on
11 March 1970; he was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 12 March 1970 as an overseas returnee. He had served 2 years, 11 months, and 15 days of active service. The DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Campaign Medal, and Vietnam Service Medal.
5. A review of his official records shows that he had excellent conduct and efficiency ratings throughout his service and his record is void of derogatory information that would serve to disqualify him for award of the AGCM.
6. Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicants unit(s) was awarded the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit(s).
8. Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal. A silver service star is worn in lieu of five bronze service stars.
DISCUSSION AND CONCLUSIONS:
1. After carefully examining the applicants record of service, it appears the applicant should have received the AGCM (1st Award) for his service from
28 March 1967 through 12 March 1970. This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM (1st Award) and the lack of any specific action by the applicants unit commander to disqualify him from receiving this award.
2. The applicant served in seven campaigns and thus is entitled to wear one silver and two bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214.
3. Additionally, the applicants unit(s) was awarded the MUC and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit(s). Accordingly, he is entitled to have these awards added to his DD Form 214 at this time.
BOARD VOTE:
____x___ ___x___ ____x ___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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:
* Deleting the Vietnam Service Medal from his DD Form 214
* Awarding him the AGCM (1st Award) for his service from 28 March 1967 through 12 March 1970
* Adding the Vietnam Service Medal with one silver and two bronze service stars, AGCM (1st Award), MUC, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20130021714
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ABCMR Record of Proceedings (cont) AR20130021714
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