BOARD DATE:	  5 January 2012

		DOCKET NUMBER:  AR20110013439 


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 his record be corrected to show award of the Army Good Conduct Medal (AGCM), Presidential Unit Citation (PUC), and Republic of Vietnam Gallantry Cross (RVNGC). 

2.  The applicant states according to regulations he is eligible for these awards.  

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Department of the Army General Order (DAGO) 3, dated 10 January 1969, and his DA Form 20 (Enlisted Qualification Record) in support of his application.  

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 30 November 1965.  He was trained in and awarded military occupational specialty (MOS) 11E (Armor Crewman).  

3.  The applicant’s DA Form 20 shows he served in the Republic of Vietnam (RVN) from 10 January 1966 to 13 November 1967.  Item 38 (Record of Assignments) shows the applicant was assigned to Troop B, 3rd Squadron, 5th Cavalry Regiment, at Fort Riley, Kansas on 25 May 1966, and that he moved with the unit to the RVN on 10 January 1967.  Item 38 also shows he received no less than “excellent” conduct and efficiency ratings at all of his active duty assignments.  

4.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows he earned the following awards during his active duty tenure:

* RVN Campaign Medal with 60 Device
* National Defense Service Medal (NDSM)
* Army Commendation Medal (ARCOM) with “V” (Valor) Device

5.  The applicant’s Military Personnel Records Jacket (MPRJ) contains Headquarters, U.S. Army Vietnam (USARV) letter, dated 16 July 1968, that confirms the Commanding General (CG) USARV accepted and approved the RVN Gallantry Cross with Bronze Star presented to the applicant by the Republic of South Vietnam for heroic actions on 20 March 1967.  It also contains Headquarters, 9th Infantry Division General Orders (GO) Number 1180, dated 
15 May 1967, which awarded the applicant the ARCOM with “V” Device for heroism in the RVN on 20 March 1967.  Further, it includes an ARCOM Citation that indicates the applicant was awarded the ARCOM for meritorious service with his unit in the RVN for the period 20 May 1966 through 31 October 1967.  

6.  The applicant's MPRJ also contains marksmanship qualification orders showing the applicant qualified as a sharpshooter with the M-14 Rifle and as a marksman with the .45 Caliber Pistol.  The MPRJ is void of derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the AGCM.  

7.  On 13 November 1967, the applicant was honorably released from active duty, in the rank of specialist five (SP5), after completing 1 year, 11 months, and 14 days of active military service.  His DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), lists the following earned awards:

* NDSM
* RVNCM with Device
* Vietnam Service Medal (VSM)
* ARCOM

8.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-13 contains guidance on the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant’s tenure in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase II
 (1 July 1966-31 May 1967) and Vietnam Counteroffensive Phase III 
(1 June 1967- 29 January 1968). 

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 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.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during his assignment tenure, the applicant's unit (Troop B, 3rd Squadron, 5th Cavalry Regiment) was awarded the PUC for the period 19 and 20 March 1967 by DAGO 3, dated 1969; and the RVN Civil Actions Honor Medal (RVNCAHM) First Class (FC) Unit Citation for the period 19 December 1966-15 February 1968 by DAGO 43, dated 1970.

11.  DAGO # 8, dated 1974, announced award of the RVN Gallantry Cross Unit Citation with Palm for service in Vietnam during the 8 February 1962 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that the AGCM, PUC, and RVNGC be added to his record and DD Form 214 has been carefully considered and found to have merit.  

2.  The evidence of record confirms the applicant was awarded the RVNGC with Bronze Star by the RVN government for heroic actions on 20 March 1967, and that the CG, USARV ultimately accepted and authorized this award.  As a result, it would be appropriate to add this award to his DD Form 214.  

3.  The record also shows that based on his participation and actions of 20 March 1967, he is authorized the PUC earned by his unit for action on 19 and 20 March 1967.  As a result, it would be appropriate to add the PUC to his DD Form 214.  

4  The evidence of record also confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, his record is void of derogatory information or a unit commander disqualification that would have precluded award of the AGCM.  Therefore, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 30 November 1965 through 13 November 1967, and to add this award to his DD Form 214.

5.  The applicant’s record also contains ARCOM orders confirming he was awarded the ARCOM with “V” Device for heroism in the RVN on 20 March 1967, and an ARCOM citation that indicates he was awarded the ARCOM for meritorious service with his unit from 25 May 1966 through 31 October 1967.  Although there are no orders awarding the ARCOM for meritorious service, given the applicant’s stellar record of service with his unit, to include his combat service in the RVN, it is reasonable to presume this award was approved and the failure to publish orders or add it to the record was the result of an administrative error.  Therefore, it would be appropriate to err in favor of the applicant and to correct his record to show he earned the ARCOM (2nd Award) with “V” Device and to add these awards to his record and DD Form 214.  

6.  The applicant's MPRJ also contains orders confirming the applicant qualified as a sharpshooter with the M-14 Rifle and as a marksman with the .45 Caliber 
Pistol.  As a result, he is eligible for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Marksman Marksmanship Qualification Badge with Pistol Bar.  Therefore, these badges should also be added to his 
DD Form 214. 

7.  Finally, based on his service and campaign participation in the RVN, the applicant is also eligible for the RVNCAHM FC Unit Citation, RVNGC with Palm Unit Citation, and 2 bronze service stars to be worn with his VSM.  Therefore, 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:

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 awarding him the Army Good Conduct Medal for the period 30 November 1965 through 13 November 1967 and amending item 24 of his DD Form 214 as follows:

   a.  deleting the current Army Commendation Medal entry and adding the entry “Army Commendation Medal (2nd Award) with “V” Device”; 
   
   b.  deleting the current Vietnam Service Medal and adding the entry Vietnam Service Medal with 2 bronze service stars; and 
   
   c.  adding the following awards: 
   
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Bronze Star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Presidential Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar



      _______ _  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)                                         AR20110013439



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ABCMR Record of Proceedings (cont)                                         AR20110013439



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