IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100020068 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show all of the awards he may be entitled to and that he be issued those awards.  

2.  The applicant states he received and earned additional awards that are not currently reflected on his DD Form 214.

3.  The applicant provides the following documents:

* Standard Form (SF) 180 (Request Pertaining to Military Records)
* DD Form 214

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 he was inducted into the Army of the United States on 17 July 1968.  He was trained in and served in military occupational specialty (MOS) 67V (OH-6 Helicopter Repairman).

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows, in Item 31 (Foreign Service), that he served in the Republic of Vietnam (RVN) from 15 January 1969 to 13 January 1970.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to F Troop, 2nd Squadron, 
11th Armored Cavalry Regiment.

4.  Item 38 of the DA Form 20 also shows the applicant received "excellent" conduct and efficiency ratings at each of his active duty assignments.  His 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.

5.  The applicant's OMPF includes the following orders issued by Headquarters, United States Army Training Center, Infantry, Fort Bragg, North Carolina which shows he qualified with the following weapons as indicated:

* Special Order (SO) Number (#) 254, dated 10 September 1968, shows he qualified for the Sharpshooter Marksmanship Qualification Badge with the M-14 Rifle
* SO #256, dated 12 September 1968, shows he qualified for the Sharpshooter Marksmanship Qualification Badge with the M-16 Rifle

6.  Headquarters, 11 Armored Cavalry Regiment, SO #136 dated 24 May 1969, announced the applicant’s award of the Combat Infantryman Badge (CIB).

7.  The applicant's OMPF includes the following orders issued by Headquarters, II Field Force Vietnam, which announced the following awards:

* General Orders (GO) #4290, dated 22 November 1969, awarded the applicant the Army Commendation Medal (ARCOM) with “V” Device
* GO #167, dated 13 January 1970, awarded him the ARCOM with Oak Leaf Cluster (OLC)
* GO #3928, dated 28 September 1970, awarded him the Air Medal (AM) with Numeral 3 




8.  On 16 July 1970, the applicant was honorably released from active duty after completing a total of 2 years of active military service.  Item 24 of the DD Form 214 issued to him at that time shows he earned the following awards during his active duty tenure:  

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal (RVNCM) with Device 1960 
* Purple Heart (PH)
* ARCOM
* Aircraft Crewman Badge

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on award of the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in while serving in the RVN.

10.  Table B-1 of the awards regulation contains a list of campaigns.  It shows that during the applicant's tenure of assignment in the RVN, campaign credit was granted for the following campaigns:

* Vietnam Counteroffensive Phase VI
* TET 69 Counteroffensive
* Vietnam Summer Fall 1969
* Vietnam Winter Spring 1970

11.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service. 

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for unit citation badges awarded during the Vietnam conflict.  It confirms during the applicant’s tenure of assignment in the RVN, the following Department of the Army General Orders (DAGO) announced, in pertinent part, the awards earned by his unit (Troop F, 2nd Squadron, 11th Armored Cavalry Regiment) as indicated:

* DAGO #43, dated 1972, Valorous Unit Award (VUA) for the period 1 May – 29 June 1970 (for the regiment)
* DAGO #53, dated 1970, VUA for the period 19 – 20 June 1970 (for the troop)
* DAGO #50, dated 1970, RVN Gallantry Cross with Palm Unit Citation for the period 1 May 1969 – 15 February 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to show all of the awards he earned and that he be issued the awards has been carefully considered and found to have merit.

2.  The evidence of record confirms the applicant was awarded the ARCOM with “V” Device and OLC, AM, and the CIB by the appropriate award authority and that these awards were announced in official orders.  With the exception of the ARCOM, all of these awards were omitted from his DD Form 214 and they should be added at this time.

3.  The applicant's DA Form 20 confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments and his OMPF is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  As a result, he should be awarded the AGCM and it should be added to his DD Form 214.

4.  The evidence of record also confirms that based on his RVN service and campaign participation, he is entitled to the VUA (2d award), RVN Gallantry Cross with Palm Unit Citation, and 4 bronze service stars to be worn with his Vietnam Service Medal.  The record also shows he qualified for the Sharpshooter Marksmanship Qualification Badge with M14 and M-16 Rifle Bars.  Thus, it would also be appropriate to add these awards to his DD Form 214.  

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:

a. awarding him the Army Good Conduct Medal for his qualifying period of
honorable active service from 17 July 1968 through 16 July 1970.

b. amending Item 24 of his DD Form 214 by deleting the ARCOM and the 
VSM from the current list of awards and adding the following:

* Army Commendation Medal with “V” Device and Oak Leaf Cluster
* Army Good Conduct Medal
* Air Medal
* Combat Infantryman Badge
* Vietnam Service Medal with 4 bronze service stars
* Valorous Unit Award (2d award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and

   c.  issuing him the above awards and a DD Form 215 to reflect the above corrections.




      _______ _ 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)                                         AR20100020068





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ABCMR Record of Proceedings (cont)                                         AR20100020068



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