IN THE CASE OF:	  

		BOARD DATE:	  17 September 2015

		DOCKET NUMBER:  AR20150002064 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his awards as the Air Medal and Army Commendation Medal (ARCOM).

2.  The applicant states that he was awarded the Air Medal and ARCOM, but they are not reflected on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and citations for both the Air Medal and ARCOM.  

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 on 17 July 1968.  He completed basic training at Fort Bragg, North Carolina and advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 6 January 1969 for assignment to Company A, 1st Battalion, 35th Infantry Regiment.

3.  On 23 April 1969, the applicant’s commander submitted a recommendation for award of the ARCOM for the applicant for the period 21 – 25 January 1969.  The battalion commander approved the recommendation on 4 May 1969.  

4.  Headquarters, 4th Infantry Division issued the applicant the following orders.

* General Orders Number 7372 awarding him the Air Medal on
30 November 1969, for the period 19 January to 19 November 1969
* General Orders Number 7880 awarding him the Army Commendation Medal for meritorious service in the RVN on 12 December 1969, for the period January 1969 to January 1970

5.  The applicant departed Vietnam on 5 January 1970 for assignment to Fort Hood, Texas where he remained until he was honorably released from active duty (REFRAD) on 16 July 1970.  He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Vietnam Service Medal with two bronze service stars, National Defense Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge and his marksmanship badges.

6.  A review of his official records show that he had excellent conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).  

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 applicant’s unit was cited for the award 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. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Air Medal and Army Commendation Medal in duly constituted orders and he is entitled to have these awards added to his 
DD Form 214.

2.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the first award of the AGCM for his service from 17 July 1968 through 16 July 1970.  This conclusion is based on the fact that his record is void of any derogatory information which would precluded the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.  Therefore, in the interest of justice this error should be corrected by awarding the applicant the AGCM (1st Award) and correcting his DD Form 214 to show this award.

3.  The applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

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:

* awarding him the AGCM (1st Award) for the period 17 July 1968 through 16 July 1970
* adding the Air Medal, ARCOM, AGCM (First Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

2.  The Board wants the applicant and all others to know that 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)                                         AR20150002064



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ABCMR Record of Proceedings (cont)                                         AR20150002064



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