IN THE CASE OF:	  

		BOARD DATE:	  21 October 2008

		DOCKET NUMBER:  AR20080009457 


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 record be corrected to show his entitlement to the Army Commendation Medal (ARCOM) 2nd Oak Leaf Cluster (3rd Award); Army Good Conduct Medal (2nd Award); 2 bronze service stars with his Vietnam Service Medal (VSM); Expert Marksmanship Qualification Badge with Rifle, Pistol, Machinegun and Hand Grenade Bars; and Artillery Rope.  

2.  The applicant states, in effect, his claims are valid and he would like his separation documents (DD Forms 214) to accurately reflect these awards and the overall quality of his service, as indicated by his evaluation reports and the fact that he qualified to receive proficiency pay while serving on active duty.  He also indicates he received letters of appreciation and recommendations from generals on down and can provide them if necessary.  

3.  The applicant provides orders and a certificate for award of the ARCOM (2nd Oak Leaf Cluster); his 26 May 1978 DD Form 214; and a National Personnel Records Center (NPRC) letter, dated 23 May 2008 in support of 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's record shows that he initially enlisted in the Regular Army 
and entered active duty on 31 October 1962.  He served until 10 June 1964, at which time he was honorably discharged for the purpose of immediate reenlistment. 

3.  On 11 June 1964, he reenlisted and continuously served on active duty until 19 March 1967, at which time he was honorably released from active duty.  The DD Form 214 he was issued at the time shows he held the rank of specialist five (SP5) and that he earned the following awards:  National Defense Service Medal (NDSM); VSM; Republic of Vietnam Campaign Medal (RVNCM); AGCM; ARCOM; and Marksman Marksmanship Qualification Badge with Rifle Bar. 

4.  On 28 May 1975, the applicant reenlisted and reentered active duty on his last enlistment.  His Personnel Qualification Record (DA Form 2-1) shows that during this period of active duty service he held and served in military occupational specialty (MOS) 13E (Cannon Fire Support Specialist).  

5.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 shows he served in the Republic of Vietnam (RVN) from 23 February 1966 through 19 March 1967, and Item 35 (Record of Assignments) shows that during his RVN tour, he was assigned to 7th Finance Section, United States Army Pacific (USARPAC), performing duties in MOS 73C as a disbursing specialist.  


6.  Item 9 (Awards Decorations & Campaigns) of the applicant's DA Form 2-1 shows he earned the following awards:  National Defense Service Medal (NDSM); ARCOM 1st Oak Leaf Cluster (2nd Award); AGCM; VSM; RVNCM; RVN Gallantry Cross (RVNGC) with Palm Unit Citation; Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar; and Expert Marksmanship Qualification Badge with Rifle Bar.  Item 33 (Date) shows the applicant last reviewed the DA Form 2-1 on 13 January 1977.  

7.  The applicant's Official Military Personnel File (OMPF) contains orders that awarded the applicant the ARCOM 1st Oak Leaf Cluster (2nd Award) for meritorious service during the period 2 August 1976 through 15 January 1977.  The OMPF is void of any orders or other documents indicating he was ever awarded the ARCOM 2nd Oak Leaf Cluster (3rd Award) or a 2nd Award of the AGCM.  It also contains no orders or other documents indicating he ever qualified with the pistol, machinegun and/or hand grenade.  

8.  On 15 February 1977, a bar to reenlistment was imposed on the applicant based on his declination to extend or reenlist to meet an overseas tour requirement.  

9.  On 26 May 1978, the applicant was honorably discharged after completing a total of 7 years, 4 months, and 18 days of active military service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards:  NDSM; VSM; ARCOM 1st Oak Leaf Cluster (2nd Award); AGCM; VSM; RVNCM; RVNGC with Palm Unit Citation; and Expert Marksmanship Qualification Badge with Rifle Bar.  The applicant authenticated this document with his signature in Item 29 (Signature of Person Being Separated) on the date of his discharge.  

10.  The applicant provides ARCOM orders, dated 22 May 1978, and certificate, which show he was awarded the ARCOM 2nd Oak Leaf Cluster (3rd Award) for meritorious service during the period 8 August 1975 through 26 May 1978.  

11.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 1-19 provides guidance on duplication of awards and states, in pertinent part, that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  Continuation of the same or similar type service already recognized by an award for meritorious service or achievement will not be the basis for a second award.  If appropriate, an award may be made to include the extended period of service by superseding the earlier award, or the award previously made may be amended to incorporate the extended period of service. 
12.  Paragraph 2-13 of the awards regulation contains guidance on award of the VSM and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating while serving in the RVN.  Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive and Vietnam Counteroffensive Phase II campaigns.  

13.  Chapter 4 of the awards regulation contains guidance on award of the AGCM.  Paragraph 4-6e states, in pertinent part, that individuals for whom a bar to reenlistment has been approved are not eligible for award of the AGCM.  Paragraph 4-7 contains guidance on qualifying periods and states, in pertinent part, that qualifying periods of must be continuous enlisted active Federal military service.  When an interval in excess of 24 hours occurs between enlistments, that portion of service before the interruption is not creditable toward an award. 

14.  Paragraph 9-13 of the awards regulation contains guidance on the RVNCM and states, in pertinent part, that it is awarded with the Device (1960).  

15.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon discharge, retirement or release from control of the active Army.  It also establishes policies and procedures for the preparation and distribution of the DD form 214.  Chapter 2 contains instructions for the preparation of the DD Form 214 and states, in pertinent part, that all earned awards authorized in the Army's awards regulation will be entered on the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that based on his RVN service and campaign participation, the applicant is entitled to 2 bronze service stars with his VSM and the Device (1960) with his RVNCM.  As a result, it would be appropriate to correct his record and separation document to reflect these awards.  

2.  The applicant's contention that his record and separation document should be corrected to show he received the ARCOM 2nd Oak Leaf Cluster (3rd Award) and AGCM was also carefully considered.  However, there is insufficient evidence to support granting this portion of the requested relief.  The evidence of record is void of any indication that the applicant was ever awarded the 2nd Award of the AGCM or the 3rd Award of the ARCOM.  


3.  Although the applicant provides ARCOM orders and a certificate that indicate he received a 3rd Award of the ARCOM (ARCOM 2nd Oak Leaf Cluster) for meritorious service during the period 8 August 1975 through 26 May 1978, given the period of this award overlaps the period for which he received the ARCOM 1st Oak Leaf Cluster (2nd Award), which was awarded for meritorious service during the period 2 August 1976 through 15 January 1977, the 3rd awards appears to be a duplicate award.  As a result, it would not be appropriate to add it to the record and separation document at this time.  

4.  By regulation, when an interval in excess of 24 hours occurs between enlistments, that portion of service before the interruption is not creditable toward an award of the AGCM.  As a result, any service performed by the applicant prior to his enlistment of 28 May 1975, was not creditable for award of a second AGCM.  In addition, the regulation prohibits award of the AGCM to individuals for whom a bar to reenlistment has been approved.  In this case, the record shows a bar to reenlistment was imposed on the applicant on 17 February 1977.  Therefore, he was not eligible to be awarded the AGCM upon his discharge.  

5.  The applicant also requests the Artillery rope; however, there is no such authorized Army award defined in the awards regulation.  It appears the applicant may have been authorized to wear some sort of local unit insignia (rope or lanyard) while assigned to his Artillery unit; however, by regulation, only authorized Army awards are authorized to added to the record and separation document.  Further, his record is void of any orders or other documents that indicate he qualified with or was awarded a qualification badge bar for the pistol, machinegun, or hand grenade.  As a result, there is an insufficient evidentiary basis to support any of this portion of the requested relief. 

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 showing his entitlement to 2 bronze stars with his Vietnam Service Medal; and the Device (1960) with his Republic of Vietnam Campaign Medal; and by providing him a correction to his separation document that includes these changes. 

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 Commendation Medal 2nd Oak Leaf Cluster (3rd Award); 2nd Award of the Army Good Conduct Medal; the Field Artillery rope; or additional marksmanship qualification badge bars for the pistol, machinegun or hand grenade and additional awards and decorations to his record and separation document.  




      _______ _  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)                                         AR20080009457



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ABCMR Record of Proceedings (cont)                                         AR20080009457



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