IN THE CASE OF:	  

		BOARD DATE:	  10 March 2011

		DOCKET NUMBER:  AR20100022305


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the:

* Bronze Star Medal (BSM)
* Army Commendation Medal (ARCOM)
* Army Good Conduct Medal (AGCM)
* "Republic of Vietnam (RVN) Campaign Medal, Ribbon with Device (1960)"
* All other awards he is authorized for his Vietnam service 

2.  The applicant states, in effect, the omission of the above awards from his 
DD Form 214 was a clear error.

3.  The applicant provides:

* DD Form 214
* BSM award citation
* DA Form 1577 (Authorization for Issuance of Awards)

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 requested correction of his DD Form 214 to show the   "Republic of Vietnam Campaign Medal, Ribbon with Device (1960)."  His 
DD Form 214 shows he was awarded the Republic of Vietnam Campaign Medal with Device (1960), depicted as the "Vietnam Campaign Medal."  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings. 

3.  His records show he enlisted in the Regular Army, for a period of 3 years, on 12 September 1963.  He completed training, and after initial service in military occupational specialty (MOS) 76K (General Supply Specialist), he was reclassified into MOS 11B (Light Weapons Infantryman).

4.  His records show he served in the RVN from 20 August 1965 to 15 August 1966.  During his service in Vietnam he was assigned to Company C, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division (Airmobile).  

5.  On 15 August 1966, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  His DD Form 214 shows he completed 2 years, 11 months, and 4 days of net service during this period of active duty, including 11 months and 25 days of foreign service.  The highest rank/grade he attained while serving on active duty was sergeant/E-5.

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* Combat Infantryman Badge
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)




7.  There is no evidence in the available records that shows he was awarded the Army Good Conduct Medal.  Section 2 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he received "excellent" conduct ratings throughout his service.  It also shows he received one "unsatisfactory" efficiency rating while in a student status at Fort Bliss, TX; all other efficiency ratings were "excellent."  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).  

8.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) contradicts Section 2 of his DA Form 24, as it shows he consistently received "excellent" conduct and efficiency ratings throughout his service and does not even show his student status at Fort Bliss. 

9.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the AGCM.
 
10.  He provided a DA Form 1577, dated 28 May 1971, which shows he was awarded the AGCM.

11.  A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214.

12.  General Orders Number 2427, Headquarters, 1st Cavalry Division (Airmobile), dated 18 July 1966, awarded him the BSM for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam during the period 21 September 1965 to 30 June 1966.

13.  General Orders Number 2833, Headquarters, 1st Cavalry Division (Airmobile), dated 13 August 1966, awarded him the ARCOM for meritorious service during the period 4 September 1963 to 30 June 1965.

14.  Special Orders Number 240, Headquarters, 3rd Training Regiment (Basic), Fort Leonard Wood, MO, 23 October 1963, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).

15.  Special Orders Number 113, Headquarters, 11th Air Assault Division, Fort Benning, GA, dated 23 April 1965, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

16.  Special Orders Number 113, Headquarters, 11th Air Assault Division, Fort Benning, GA, dated 23 April 1965, awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

17.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.

18.  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 unit to which the applicant was assigned was cited for the:

* Presidential Unit Citation for the period 23 October 1965 to 26 November 1965 by Department of the Army General Orders (DAGO) Number 40, 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by DAGO Number 59, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 September 1965 to 30 June 1972 by DAGO Number 54, dated 1975

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

20.  Army Regulation 600-8-22 states, in pertinent part, that a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns: 

* Vietnam Defense Campaign (8 March 1965 – 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 – 30 June 1966)
* Vietnam Counteroffensive, Phase II (1 July 1966 – 31 May 1967) 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show award of the BSM, ARCOM, AGCM, and any other awards for his service in Vietnam was carefully considered and determined to have merit.

2.  General orders awarded him the BSM and the ARCOM; therefore he is entitled to correction of his DD Form 214 to show this award.

3.  In regard to the AGCM, he served on active duty from 12 September 1963 through 15 August 1966.  His DA Form 24 shows he received "excellent" conduct and efficiency ratings throughout his service, with one exception of a single "unsatisfactory" efficiency rating while in a student status.  However, his DA Form 20 does not show this "unsatisfactory" efficiency rating and does not even show the assignment where he received it.

4.  Any reasonable doubt should be resolved in the applicant's favor.  His records show he served honorably throughout his period of active duty, earning the BSM and the ARCOM while in Vietnam.  Additionally, there is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the AGCM.  Therefore, as a matter of equity, it would be appropriate to award him the AGCM (1st Award), and to correct his DD Form 214 to show this award.

5.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1), the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber); therefore, he is entitled to correction of his DD Form 214 to show these awards.

6.  General orders awarded his unit the Presidential Unit Citation and the RVN Gallantry Cross with Palm Unit Citation when he was assigned to the unit; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

7.  Records show he participated in three campaigns during his service in the RVN; therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.


BOARD VOTE:

__X_____  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 (1st Award) for the period 
12 September 1963 through 15 August 1966;

	b.  deleting the "Sharpshooter (Rifle M-14)" from item 26 of his DD Form 214; and

	c.  adding the: 

* BSM
* ARCOM
* AGCM (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar
*  (.45 Caliber)
* Presidential Unit Citation
* RVN Gallantry Cross with Palm Unit Citation
* 3 bronze service stars to be affixed to his already-awarded Vietnam Service Medal

      
      
      _________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20100022305



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