BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120010592 


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 the Army Commendation Medal (ARCOM) with “V” Device be added to his record and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states he was awarded the ARCOM with “V” Device and did not receive the award until it was forwarded to him after his separation.  Thus, it is not reflected on his DD Form 214.  

3.  The applicant provides no documentary evidence 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 enlisted in the Regular Army on 31 December 1968.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 4 June 1969 through 5 August 1970.  Item 38 (Record of Assignments) shows that during his RVN tour, he served with Company E (10 June-17 August 1969) and Company A (18 August 1969-
1 August 1970), 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division, performing duties in MOS 11B as a rifleman and squad leader.  Item 38 also shows the applicant received no less than “excellent” conduct and efficiency ratings.   

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

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device 1960
* RVN Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge (CIB) 
* Bronze Star Medal (BSM)
* Purple Heart (PH)
* Air Medal (AM)
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar
* 1st Class Gunner Badge M-60 Machine Gun

5.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of derogatory information or a unit commander disqualification that would have precluded award of the Army Good Conduct Medal (AGCM).  

6.  On 15 April 1970, the applicant was honorably released from active duty, in the rank of sergeant/E-5.  The DD Form 214 he was issued shows he completed 1 year, 7 months, and 6 days of active military service.  The ARCOM with “V” Device and marksmanship badges are not included in the list of earned awards contained on the DD Form 214.  

7.  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 Military Awards Branch of the U.S. Army Human Resources Command, shows the applicant was awarded the ARCOM with “V” Device for heroism in action in the RVN during the period 
26-28 May 1970 in Headquarters, 1st Cavalry Division (Airmobile) General Order (GO) Number 18171, dated 10 October 1970.  

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the VSM.  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 the applicant participated in the following three campaigns:
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970) 
* DA Sanctuary Counteroffensive (1 May-30 June 1970) 
* Vietnam Counteroffensive, Phase VII (1 July 1970-30 June 1971) 
9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing 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 the applicant's tenure of assignment in Vietnam, his unit (2nd Battalion, 8th Cavalry Regiment) was cited for the following awards:

* Valorous Unit Award (VUA), for the period 1 May to 29 June 1970, by Department of the Army General Orders (DAGO) Number 43, dated 1972
* RVN Civil Actions Honor Medal First Class Unit Citation, for the period 
1 January 1969 to 1 February 1970 by DAGO Number 42, dated 1972 

10.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show the ARCOM with “V” Device has been carefully considered and found to have merit.  ADCARS contains orders awarding him the ARCOM with “V” Device for heroism in action in the RVN during the period 26-28 May 1970.  Therefore, it would 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 throughout his service.  Further, his record 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 AGCM.  Therefore, it would be appropriate to award him the first award of the AGCM for the period 
31 December 1968 through 6 August 1970 and to add this award to his DD Form 214. 

3.  His unit was awarded the VUA and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, these unit awards should also be added to his record and DD Form 214.  

4.  Further, based on his service and campaign participation in the RVN he is also entitled to add 3 bronze service stars to his VSM. 

5.  In addition, the record shows he earned the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, and 1st Class Gunner Badge M-60 Machine Gun that were not listed on his DD Form 214.  Therefore, they should be added to his DD Form 214 at this time.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X__  ____X____  ____X____  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 31 December 1968 through 6 August 1970; and 

	b.  amending his DD Form 214 by deleting the current VSM entry and adding the following awards:

* ARCOM with “V” Device
* AGCM (1st Award)
* VSM with 3 bronze service stars
* VUA
* RVN Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar
* 1st Class Gunner Badge M-60 Machine Gun 




      _______ _   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)                                         AR20120010592



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ABCMR Record of Proceedings (cont)                                         AR20120010592



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