IN THE CASE OF:
BOARD DATE: 8 January 2015
DOCKET NUMBER: AR20140008273
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 he believes he met all of the qualifications for award of the AGCM.
3. The applicant provides no additional documents with his application.
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 14 June 1966. He completed his training as a combat engineer at Fort Belvoir, Virginia and was transferred to Germany on 22 November 1966.
3. He volunteered for service in Vietnam and departed Germany on 23 June 1968. He arrived in Vietnam on 2 September 1968 and was assigned to the 4th Engineer Battalion, 4th Infantry Division. He served in three campaigns and departed Vietnam on 5 June 1969.
4. He was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) as an overseas returnee. He had served
2 years, 11 months, and 24 days of total active service. His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal (VSM), and the Army Commendation Medal.
5. A review of his official records shows that the applicant had all "excellent" conduct and efficiency ratings throughout his service and is void of derogatory information that would serve to disqualify him forhe 1st award of the AGCM.
6. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.
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 Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the applicants unit was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant received all "excellent" conduct and efficiency ratings throughout his service. His records do not contain any derogatory
information or a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award). Accordingly, he should be awarded the AGCM (1st Award) for the period 14 June 1966 to
7 June 1969 and it should be added to his DD Form 214.
2. The applicant served in three campaigns and is entitled to wear three bronze service stars on his already-awarded Vietnam Service Medal and have them added to his DD Form 214.
3. Additionally, the applicants unit was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit and he is entitled to have those awards 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:
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 from his DD Form 214 the VSM
* Awarding him the AGCM (1st Award) for the period 14 June 1966 to
7 June 1969
* Adding to his DD Form 214 the Vietnam Service Medal with three bronze service stars, AGCM (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
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 proceeding
of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20140008273
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ABCMR Record of Proceedings (cont) AR20140008273
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