BOARD DATE:	  25 October 2012

		DOCKET NUMBER:  AR20120007379 


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 award he received just prior to his discharge.

2.  The applicant states the award he received just prior to separation is not on his DD Form 214; he refers to this award as an oak leaf cluster.

3.  The applicant provides his DD Form 214 in support of his request.

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 12 December 1968.  He was trained in and awarded military occupational specialty (MOS) 36K (Wireman).

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

* item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 5 July 1969 through on or about 15 July 1970
* item 38 (Record of Assignments) that during his RVN tour, he was assigned to Headquarters and Headquarters Service Battery (HHSB), 1st Battalion, 14th Artillery Regiment, performing duties in MOS 36K as a switchboard operator
* item 38 he received all "excellent" conduct and efficiency ratings throughout his active duty assignments
* item 41 (Awards and Decorations) he was awarded or authorized the –

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)

4.  The applicant's record is void of any derogatory information or a unit commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

5.  On 14 July 1970, the applicant was honorably released from active duty as an overseas returnee.  He was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 7 months, and 3 days of total active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* two overseas service bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  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 U.S. Army Human Resources Command Military Awards Branch, shows General Orders Number 5197 issued by Headquarters, Americal Division, dated 30 May 1970, awarded the applicant the Army Commendation Medal (ARCOM) for meritorious achievement in the RVN during the period 1 January to 30 April 1970.

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)
8.  Army Regulation 672-5-1 (Decorations and 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 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.

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 the 1st Battalion, 14th Artillery, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 24 August through 31 December 1969 in Department of the Army General Orders Number 2, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add the award he received just prior to his separation to his DD Form 214 has been carefully considered and found to have merit.  ADCARS confirms the applicant was awarded the ARCOM by Headquarters, Americal Division, General Orders 5197, dated 30 May 1970.  As a result, it would be appropriate to add this award to his DD Form 214.

2.  The evidence of record confirms the applicant received all "excellent" conduct and efficiency ratings in all of his active duty assignments.  Further, his record is void of any derogatory information or a unit commander's disqualification that would have precluded the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) for the period 12 December 1968 through 14 July 1970 at this time and to correct his DD Form 214 to show this award.

3.  The applicant participated in four campaigns during his service in the RVN that authorizes four bronze service stars for wear on his already-awarded Vietnam Service Medal.  In addition, his unit was cited for the RVNGC with Palm Unit Citation during his assignment.  Therefore, these awards should be added to his record and DD Form 214.

4.  As a point of information, the applicant is advised that an oak leaf cluster is issued to denote a second or subsequent award of the same decoration and is not an individual award or decoration.  For example, had the applicant been awarded a second ARCOM, the second award would be shown as the "ARCOM with 1st Oak Leaf Cluster."

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 December 1968 through 14 July 1970,

	b.  deleting the Vietnam Service Medal from his DD Form 214, and

	c.  adding the following awards to his DD Form 214:

* ARCOM
* Army Good Conduct Medal (1st Award)


* Vietnam Service Medal with four bronze service stars
* RVN Gallantry Cross with Palm 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)                                         AR20120007379



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ABCMR Record of Proceedings (cont)                                         AR20120007379



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