BOARD DATE: 30 December 2014
DOCKET NUMBER: AR20140008906
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 Meritorious Unit Commendation (MUC), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Army Good Conduct Medal (AGCM).
2. The applicant states he was discharged before his records were updated.
3. The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a duty-roster, and a screen-shot of his units awards.
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 27 May 1965 for a period of 3 years and training as a medical specialist. He completed his basic training at Fort Polk, Louisiana and his advanced individual training at Fort Sam Houston, Texas and was transferred to Fort Riley, Kansas for additional training as an operating room specialist.
3. On 8 February 1966, he was transferred back to Fort Sam Houston for assignment to the 45th Surgical Hospital. On 10 September 1966, he was transferred to Vietnam with his unit.
4. The applicants records show that he received Excellent conduct and efficiency ratings until 1 September 1967, when he received an Excellent
conduct rating and a Satisfactory efficiency rating.
5. He served in two campaigns and departed Vietnam on 2 September 1967. He was transferred to Aberdeen Proving Ground, Maryland where he remained until he was honorably released from active duty (REFRAD) in the pay grade of E-4 on 24 May 1968 due to the expiration of his term of service (ETS). He had served 2 years, 11 months, and 28 days of 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, and Vietnam Service Medal.
6. 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.
7. 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 Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant received a Satisfactory efficiency rating on 1 September 1967, before departing Vietnam. Accordingly, he does not meet the qualifications for award of the AGCM.
2. However, the applicant served in two campaigns and is entitled to wear two 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 MUC and the Republic of Vietnam Gallantry Cross with Palm 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:
________ ________ ________ GRANT FULL RELIEF
____x____ _x_______ __x___ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding two bronze service stars to his already awarded Vietnam Service Medal and adding the awards of the MUC and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends
denial of so much of the application that pertains to adding the Army Good Conduct Medal to his DD Form 214.
_______ _ 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) AR20140008906
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140008906
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