IN THE CASE OF:	  

		BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100014285 


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 record to show award of the Army Commendation Medal (ARCOM).

2.  The applicant states he received the award on or about 10 March 1968 before he left Vietnam.

3.  The applicant provides a photograph of him wearing the ARCOM, a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and a newspaper article.

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 6 April 1966 and honorably released from active duty on 24 March 1968 after completing 1 year, 11 months, and 19 days of active military service.  

3.  A DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) he was assigned to Vietnam from 31 March 1967 through 6 March 1968.  Item 38 (Record of Assignments) shows he served with Headquarters and Headquarters Company, 1st Battalion, 12th Infantry, from on or about 14 April 1967 to 5 March 1968 in military occupational specialty 64A (Light Wheeled Vehicle Driver).

4.  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 (NDSM), Vietnam Campaign Medal (VCM), Vietnam Service Medal (VSM), one Overseas Service Bar (O/S Bar), and the Marksman Marksmanship Qualification Badge with Rifle Bar.  

5.  General Orders Number 899, issued by Headquarters, 4th Infantry Division, dated 3 March 1968, announced award of the ARCOM to the applicant for meritorious service during the period March 1967 to March 1968.

6.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  The applicant's service in Vietnam coincides with three campaigns:  the Vietnamese Counteroffensive Phase II, Vietnamese Counteroffensive Phase III, and Tet Counteroffensive.  

8.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military career.  

9.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.


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 1st Battalion, 12th Infantry, was cited for the following awards during the applicant's period of assignment:

* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969 by Department of the Army General Orders (DAGO) 3, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 by DAGO 53, dated 1970

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

12.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

13.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated for item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his record to show award of the ARCOM is supported by the evidence.

2.  General orders show the applicant was awarded the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.


3.  The applicant was awarded the VSM.  His records show he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show award of three bronze service stars for wear on the previously-awarded VSM.

4.  The evidence of record confirms the applicant served honorably during the period 6 April 1966 to 24 March 1968 and received "excellent" conduct and efficiency ratings throughout his military service.  Based on his overall record of service it would be appropriate to award him the AGCM based on completion of a qualifying period of Federal military service.  He is entitled to correction of his 
DD Form 214 to show this award.

5.  General orders confirm the applicant's unit was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  These awards are not shown on his records.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  The applicant was credited with 12 months of service in Vietnam.  Therefore, he is entitled to correction of his record to show two Overseas Service Bars.

BOARD VOTE:

__X_____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

	a.  awarding him the AGCM for the period of service from 6 April 1966 to 24 March 1968;

	b.  deleting "VSM" and "1 O/S Bar" from item 24 of his DD Form 214; and



	c.  adding the following awards to item 24 of his DD Form 214:

* ARCOM
* AGCM
* VSM with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* 2 Overseas Service Bars




      _______ 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)                                         AR20100014285



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ABCMR Record of Proceedings (cont)                                         AR20100014285



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