IN THE CASE OF:	  

		BOARD DATE:	  16 July 2015

		DOCKET NUMBER:  AR20140020785 


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 (Certificate of Release or Discharge from Active Duty) to show the Army Good Conduct Medal (AGCM) and a meritorious citation.

2.  The applicant states the AGCM and meritorious citation were not added to his DD Form 214.

3.  The applicant provides:

* AGCM Order
* Letter dated 10 July 1967
* Certificate of Achievement

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 was inducted into the Army of the United States and entered active duty on 7 January 1966.  He was trained in and awarded military occupational specialty 62F (Crane Shovel Operator).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service) - he was assigned to the Republic of Vietnam (RVN) beginning on 8 September 1966;
   
   b.  item 38 (Record of Assignments) - he was assigned to Headquarters and Company A, 704th Maintenance Battalion from 5 April 1966 to 25 April 1967 and Company A, 864th Engineer Battalion from 26 April to 27 July 1967;

   c.  item 38 - the applicant received "excellent" conduct and efficiency ratings at each of his active duty assignments; and

   d.  item 41 (Awards and Decorations) - shows he earned the following awards:
   
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* two Overseas Service Bars

4.  The applicant's Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  It contains no evidence to show he was ever awarded or recommended for the AGCM.

5.  On 5 January 1968, the applicant was honorably released from active duty (REFRAD) having completed 1 year, 11 months, and 29 days of creditable active duty service.  The AGCM is not included among the list of awards shown on his DD Form 214.

6.  The applicant provides:

   a.  Headquarters, United States Army Garrison, General Orders Number 2, dated 11 January 1968.  It announced his award of the AGCM for exemplary behavior, efficiency, and fidelity for the period 7 January 1966 to 6 January 1968; and
   
   b.  a Certificate of Achievement awarded him in recognition of meritorious performance of duty in support of military engineering operations in the RVN during the period 24 April to 7 August 1967.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

   a.  Chapter 4 of the awards regulation prescribes the policy for award of the AGCM.  It states that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  The regulation in effect at the time of the applicant's separation stipulated that in order to qualify for the AGCM, a member must have had all "excellent" conduct and efficiency ratings.
   
   b.  Paragraph 2-13 of the awards regulation 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.  Appendix B shows that during the applicant's service in Vietnam, he participated in the following two campaigns:

* Vietnam Counteroffensive Phase II
* Vietnam Counteroffensive Phase III

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's tenure of assignment in the RVN, his units:

* 704th Maintenance Battalion was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal with First Class Unit Citation
* 864th Engineer Battalion was awarded the Meritorious Unit Commendation for the period 1 March 1967 through 31 December 1968 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the AGCM and a meritorious citation.  There is sufficient evidence to support granting a portion of the requested relief.
2.  The evidence of record confirms the applicant received all "excellent" conduct and efficiency ratings throughout his active duty service and his OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from being recommended for or awarded the first award of the AGCM.  In addition, he provides evidence to show he was awarded the AGCM in official orders subsequent his REFRAD, which indicates why it is not currently listed on his DD Form 214.  Accordingly, his DD Form 214 should be corrected at this time to show this award.

3.  Further, based on the applicant's service and campaign participation in the RVN, he is also authorized the Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal with First Class Unit Citation, and two bronze service stars to be affixed to his already-awarded VSM. Thus, it would also be appropriate to add these awards to his 
DD Form 214.

4.  The applicant is advised that Certificates of Achievement are not formal Army awards and that there are no provisions for adding one to his DD Form 214.  Therefore, the Certificate of Achievement he receive for his meritorious performance of duty does not meet the regulatory criteria necessary for inclusion on the applicant's 5 January 1968 separation document.

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 amending his DD Form 214 by:

	a.  deleting the Vietnam Service Medal and

	b.  adding the following awards:
   
* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
   
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 his Certificate of Achievement 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)                                         AR20140020785





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ABCMR Record of Proceedings (cont)                                         AR20140020785



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