IN THE CASE OF:	  

		BOARD DATE:	  20 October 2011

		DOCKET NUMBER:  AR20110008508 


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 record to show he was awarded the Army Good Conduct Medal (AGCM) and the Expert Marksmanship Qualification Badge with Rifle Bar and issuance of the infantry shoulder cord and infantry insignia.

2.  He summarizes his Army service and states he qualified as a sharpshooter with the M-14 and as an expert with the M-16.  He also states he can see no reason he would not have been put in for the AGCM.

3.  He provides: 

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* a letter he wrote while assigned to Fort Benning, GA
* a DA Form 873 (Certificate of Clearance and/or Security Determination Under [Executive Order] 10450)
* a DA Form 2962 (Security Termination Statement and Debriefing Certificate)
* a request for intra-theater transfer
* a photograph of a Soldier of the Month plaque
* a page from his DA Form 20 (Enlisted Qualification Record)
* two photographs of him in uniform 



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.  Infantry insignia and the infantry blue cord are uniform items that are not issued to veterans by the Department of the Army; however, they are readily available for purchase from private vendors.  These items will not be discussed further in these proceedings.

3.  His Official Military Personnel File (OMPF) does not contain the DD Form 214 covering his Regular Army (RA) service.  This case is being considered using other records in his OMPF and the DD Form 214 he provides.

4.  The applicant was inducted into the Army of the United States (AUS) on 22 November 1966.  On 27 November 1966, he was honorably discharged from the AUS to enlist in the RA.  He enlisted in the RA on 28 November 1966, and he was honorably released from active duty as a sergeant (SGT)/E-5 on 26 November 1969.  He completed 3 years and 6 days of total active service.

5.  His DA Form 20 shows in:

* item 31 (Foreign Service) he was credited with service in Vietnam from 18 February 1968 through 17 February 1969
* item 38 (Record of Assignments) he was assigned for duty in Vietnam with Company A, 9th Signal Battalion, 9th Infantry Division, from 20 February 1968 to 10 February 1969
* item 38 he received all "excellent" conduct and efficiency ratings

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he provides shows the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal 
* "VN Unit Cit" 

7.  Headquarters, 197th Infantry Brigade, Fort Benning, GA, issued:

* Special Orders Number 214, dated 2 October 1967, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Special Orders Number 19, dated 23 January 1968, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  A DA Form 2627-1 (Record of Proceedings under Article 15, UCMJ) shows he accepted nonjudicial punishment (NJP) on 4 August 1969 for operating his privately owned vehicle at speeds greater than the posted speed limits.  His punishment was forfeiture of $15 per month for one month.

9.  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 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.  

10.  His record is void of documentation showing he received a commander's disqualification for award of the AGCM.

11.  A review of the available records indicates entitlement to additional awards and decorations not shown on his DD Form 214.

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with four campaigns:

* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
13.  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 9th Signal Battalion was cited for award of the:

* Meritorious Unit Commendation (MUC) for the period 19 December 1967 to 18 June 1968, by Department of the Army General Orders (DAGO) Number 43, dated 1969
* MUC for the period 1 July 1968 to 24 January 1969, by DAGO 13, dated 1974
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968, by DAGO 31, dated 1969
* RVN Gallantry Cross with Palm Unit Citation for the period January to June 1969, by DAGO 59, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969, by DAGO 59, dated 1969

14.  Department of the Army Pamphlet 672-3 states not more than one RVN 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant received all "excellent" conduct and efficiency ratings during his service, and there is no record of a commander's disqualification for award of the AGCM.  He received NJP for one minor incident; however, the incident was not of a degree that would disqualify him for award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service and correct his DD Form 214 to show this award.  

2.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

3.  He was awarded the VSM and he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on the previously-awarded VSM.

4.  He was assigned to a unit during a period for which it was cited twice for award of the MUC and RVN Gallantry Cross with Palm Unit Citation and once for award of the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 (1st Award) for the period 22 November 1966 to 21 November 1969;

	b.  deleting the VSM and "VN Unit Cit" from item 24 of his DD Form 214 for the period ending 26 November 1969;

	c.  adding to item 24 of his DD Form 214 for the period ending 26 November 1969 the:

* AGCM (1st Award)
* VSM with four bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* MUC (2d Award)
* RVN Gallantry Cross with Palm Unit Citation (2d Award)
* RVN Civil Actions Honor Medal First Class Unit Citation



      _______ _   _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)                                         AR20110008508





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110008508



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1