BOARD DATE:	  19 January 2012

		DOCKET NUMBER:  AR20110014945 


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 Army Commendation Medal (ARCOM).

2.  The applicant states he believes he is entitled to the ARCOM; it was just an oversight.

3.  The applicant provides a 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 was inducted into the Army of the United States on 10 February 1966.  Upon completion of training was awarded military occupational specialty 13E (Field Artillery Operation and Intelligence Assistant).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* item 29 (Qualification in Arms), he qualified expert with the M-14 rifle in March 1966 and with the M-16 on 20 March 1967
* item 31 (Foreign Service), he served in Vietnam from 2 May 1967 through
* 2 February 1968
* item 38 (Record of Assignments), while serving in Vietnam, he was assigned to Headquarters and Headquarters Battery, 6th Howitzer Battalion, 15th Artillery from 1 May 1967 to 29 January 1968
* Item 38 also shows he received all "excellent" conduct and efficiency ratings throughout his service

4.  His Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal.

5.  General Orders Number 1740, issued by Headquarters, 1st Infantry Division, dated 28 February 1968, awarded him the Army Commendation Medal for meritorious service in Vietnam from May 1967 to February 1968.

6.  On 4 February 1968, he was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 after completing 1 year, 11 months, and 25 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal

7.  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.

8.  Army Regulation 600-8-22, paragraph 2-13, contains guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while in Vietnam.  Appendix B of this regulation shows the campaigns for Vietnam.  During his tour in Vietnam, he participated in three campaigns:

* Vietnamese Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)

9.  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 that during his assignment to the 6th Howitzer Battalion, 15th Artillery, it was cited for the following unit awards:

* Meritorious Unit Commendation for the period 1 January 1968 through
31 January 1969 by Department of the Army General Orders (DAGO) Number 36, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 by DAGO Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period May 1967 through April 1968 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to correction of his DD Form 214 to show the Army Commendation Medal has been carefully reviewed.

2.  General orders awarded him the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record shows he received all "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 first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 10 February 1966 through 4 February 1968 and to correct his DD Form 214 to show this award.

4.  Records show he qualified expert with the M-14 and M-1 rifles.  Therefore, he is entitled to correction of his DD Form 214 to show the Expert Marksmanship 

Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

5.  He participated in three campaign phases during his service in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

6.  His unit in Vietnam was cited for the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service.  Therefore, his DD Form 214 should be corrected 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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
10 February 1966 through 4 February 1968; and

	c.  adding to item 24 of his DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation
* 
Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
(M-16)



      _________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)                                         AR20110014945



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ABCMR Record of Proceedings (cont)                                         AR20110014945



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