IN THE CASE OF: BOARD DATE: 24 February 2011 DOCKET NUMBER: AR20100021049 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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Army Good Conduct Medal (AGCM), Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, Presidential Unit Citation (PUC) and all other unit awards to which he is entitled. 2. He states, in effect, an administrative oversight occurred during the preparation of his DD Form 214. 3. He provided a copy of a DA Form 1577 (Authorization for Issuance of Awards), dated 2 November 1984. 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. His records show he enlisted in the Regular Army on 3 October 1968 for 3 years. 3. His DA Form 20 (Enlisted Qualification Record) shows the following entries: * Item 31 (Foreign Service) – he served in Vietnam from 20 April 1969 through 2 April 1970 * Item 38 (Record of Assignments) – shows he was assigned to the 74th Aviation Company, (Utility Airplane) during his tour in Vietnam and received all "Excellent" conduct and efficiency ratings during this period * Item 38 – also shows he was assigned to B Battery, 1st Battalion, 3rd Artillery, 2nd Armored Division, Fort Hood, TX from 12 May 1970 through 7 October 1971. He received one "Unsatisfactory" rating in conduct during this period * Item 39 (Campaigns) – shows he served in three named campaigns while serving in Vietnam * Item 41 (Awards and Decorations) – does not show award of the AGCM, RVN Gallantry Cross with Palm Unit Citation, or the PUC * Item 44 (Time Lost Under Section 972, Title 10, United States Code and Subsequent to Normal Date Expiration Term of Service) – shows he was absent without leave (AWOL) from 6 to 14 July 1970 4. His record contains a DA Form 2627-1 (Record of Proceedings under Article 15, Uniform Code of Military Justice) that shows he was administered nonjudicial punishment (NJP) on 16 July 1970 for going AWOL from his unit at Fort Hood, TX from 6 to 14 July 1970. 5. There is no indication in the available record that shows he was recommended for or awarded the AGCM. 6. He was honorably released from active duty on 8 October 1971 after completing 2 years, 11 months, and 27 days of creditable active service. He had 9 days of lost time. 7. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the: * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * RVN Campaign Medal with Device 1960 * Army Commendation Medal * Air Medal * Aircraft Crewman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 8. Department of the Army General Orders Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 9. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded 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 and there must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 10. 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 74th Aviation Company (Utility Airplane), was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1969 to 15 May 1970 by Department of the Army General Order Number 55, dated 1971. The PUC was not awarded during a period in which he was assigned to this unit. 11. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) states unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited. This regulation also states that an individual who was not present with a unit during the period cited for permanent wear of a unit award may be authorized temporary wear only for the duration of assignment to the unit. DISCUSSION AND CONCLUSIONS: 1. His record is void of any evidence to show he was recommended for or awarded the AGCM. However, his record shows he was administered NJP for going AWOL from 6 to 14 July 1970 while stationed at Fort Hood, TX. There was no right or entitlement to this award until the immediate commander made a positive recommendation. It is presumed that his immediate commander used his discretion in not awarding the applicant the AGCM due to his period of AWOL and receipt of NJP. Therefore, he is not entitled to correction of his DD Form 214 to add this award. 2. Department of the Army Pamphlet 672-3 awarded his unit the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment. Therefore, he is entitled to have this unit award added to his DD Form 214. 3. Department of the Army General Orders announced award of the RVN Gallantry Cross with Palm Unit Citation to all units serving in Vietnam during his period of assignment. Therefore, he is entitled to have this unit award added to his DD Form 214. 4. The evidence shows the 74th Aviation Company (Utility Airplane) was awarded the PUC as a permanent award during a period prior to his assignment to this unit. Therefore, he was entitled to temporarily wear the PUC only while assigned to his unit and is not entitled to add this unit award 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 the RVN Civil Actions Honor Medal First Class Unit Citation and RVN Gallantry Cross with Palm Unit Citation to item 24 of 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 award of the PUC and the AGCM. _______ _ 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) AR20100021049 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100021049 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1