IN THE CASE OF:	  

		BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20110002457 


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 the following awards:

* Army Good Conduct Medal (AGCM)
* Vietnam Service Medal (VSM) with three bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Combat Infantryman Badge (CIB)
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* "VCAM" [interpreted to mean the RVN Campaign Medal with Device (1960)]
* Army Commendation Medal (ARCOM) with "V" Device
* all unit awards

2.  The applicant states the awards were left off his DD Form 214 upon leaving Vietnam and the Army.

3.  The applicant provides copies of his DD Form 214, his DA Form 20 (Enlisted Qualification Record), and a letter from the National Personnel Records Center.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel did not provide additional evidence or argument.


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 requests correction of his DD Form 214 to show the RVN Campaign Medal with Device (1960); however, this award is already included in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214.  Therefore, this portion of his request will not be discussed further.

3.  The applicant was inducted into the Army of the United States on 11 August 1967.  He completed his initial entry training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  Headquarters, 3rd Training Brigade, Fort Jackson, SC, Special Orders Number 201, dated 2 December 1967, awarded him the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).

5.  Headquarters, 3rd Training Brigade, Fort Jackson, SC, Special Orders Number 202, dated 4 December 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  Headquarters, 4th Infantry Division, General Orders Number 4180, dated 26 July 1968, awarded him the ARCOM with "V" Device for heroism in connection with military operations against an armed hostile force on 29 April 1968.

7.  Headquarters, 4th Infantry Division, General Orders Number 5823, dated 7 November 1968, awarded him the ARCOM (2nd Award) for meritorious service during the period January 1968 to January 1969.


8.  His DA Form 20 shows in:

	a.  item 31 (Foreign Service) he served in the RVN from 8 January 1968 to 4 January 1969 and

	b.  item 38 (Record of Assignments) he was assigned to Company B, 1st Battalion, 14th Infantry, in the RVN and he received "excellent" conduct and efficiency ratings at all of his active duty assignments.

9.  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.

10.  On 8 August 1969, he was honorably released from active duty in the rank of sergeant/E-5 after completing 1 year, 11 months, and 28 days of active duty service.  Item 24 of his DD Form 214 shows the following:

* National Defense Service Medal
* VSM with two bronze service stars
* RVN Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars

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

12.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

13.  Army Regulation 600-8-22 contains guidance on the VSM and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while in the RVN.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows the campaigns for the RVN.  During his tour in the RVN, he participated in five campaigns:

* Vietnamese Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January-1 April 1968)
* Vietnamese Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnamese Counteroffensive Phase V (1 July-1 November 1968)
* Vietnamese Counteroffensive Phase VI (2 November 1968-22 February 1969)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows that during his assignment to the 1st Battalion, 14th Infantry, it was cited for the RVN Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 28 June July 1969 by Department of the Army General Orders (DAGO) Number 3, dated 1970, and for the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 31 October 1969 by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected by adding missing awards has been carefully reviewed.

2.  General orders awarded him the ARCOM with "V" Device and the ARCOM (2nd Award).  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

3.  The evidence of record shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments and his OMPF is void of derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the first award of the AGCM for his qualifying honorable active duty service from 11 August 1967 through 8 August 1969 and to add this award to his DD Form 214.

4.  He held an infantry MOS, was assigned to an infantry unit in the RVN, and he was awarded the ARCOM with "V" Device for heroism in connection with military operations against an armed hostile force on 29 April 1968.  Therefore, he met the criteria for the CIB and this award should be added to his DD Form 214.

5.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle (M-16) and Machine Gun (M-60) Bars.  This badge should also be added to his DD Form 214.

6.  He was awarded the VSM with two bronze service stars; however, he participated in five campaigns while in the RVN; therefore, he is entitled to one silver service star to be affixed to his VSM and correction of his DD Form 214 to reflect the appropriate campaigns.

7.  Based on his service with the 1st Battalion, 14th Infantry, in the RVN, he is also entitled to correction of his DD Form 214 to show the the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

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 AGCM (1st Award) for his honorable active duty service from 11 August 1967 through 8 August 1969,

	b.  awarding him the CIB effective 29 April 1968,

	c.  deleting the VSM with two bronze service stars from item 24 of his DD Form 214, and

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

* ARCOM (2nd Award) with "V" Device
* AGCM (1st Award)
* VSM with one silver service star
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* CIB
* Marksman Marksmanship Qualification Badge with Rifle and Machine Gun 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)                                         AR20110002457



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ABCMR Record of Proceedings (cont)                                         AR20110002457



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