IN THE CASE OF:	  

		BOARD DATE:	  25 April 2013

		DOCKET NUMBER:  AR20120017162 


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) for the period ending 21 May 1971 to show his award of the Army Commendation Medal (ARCOM).

2.  He states he was awarded the ARCOM after his release from active duty (REFRAD).

3.  He provides:

* DD Form 214 for the period ending 21 May 1971
* General Orders Number 302, issued by Headquarters, U.S. Army Strategic Communications Command, Fort Huachuca, AZ, dated
17 August 1971
* ARCOM Certificate for the period 1 November 1970 to 20 May 1971

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 16 May 1968.  On 21 May 1968, he was honorably discharged for the purpose of enlisting in the Regular Army (RA).  On 22 May 1968, he enlisted in the RA for a period of 2 years.  He was awarded the military occupational specialty of 72E (communications center specialist).  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 29 September 1969.

3.  His DA Form 20 (Enlisted Qualification Record) shows in: 

* item 31 (Foreign Service) he served in Vietnam from 10 November 1968 to 11 November 1969
* item 38 (Record of Assignments) he was assigned to the Communications Center Company (Command), 44th Signal Battalion, Vietnam, performing duties as a communications center specialist during the period
14 November 1968 through 28 September 1969
* item 38 he was assigned to Company C, 44th Signal Battalion, Vietnam, performing duties as a communications center supervisor during the period 28 September 1969 to 8 November 1969
* item 38, he received all "excellent" conduct and efficiency ratings throughout his service

4.  On 21 May 1971, he was honorably REFRAD at his expiration term of service.  He completed 3 years and 6 days of total active service.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with 1960 Device
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars

5.  The applicant provides a copy of General Orders Number 302, dated
17 August 1971, that show he was awarded the ARCOM for meritorious service during the period 1 November 1970 to 20 May 1971.  The signature portion of the 
orders is missing.  He also provides an ARCOM Certificate for this award that is signed by a major general.

6.  His records are void of any orders or other documents that indicate he was awarded the first award of the Army Good Conduct Medal (AGCM) by proper authority.  There are also no adverse actions recorded in the applicant's available records or any record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the AGCM.

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 the regulatory guidance on 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, the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)

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:

	a.  Communications Center Company (Command), 44th Signal Battalion, was cited for award of the Meritorious Unit Commendation (MUC) for the period 1 September 1968 through 31 August 1969 by Department of the Army General Order (DAGO) Number 43, dated 1970, and

	b.  Company C, 44th Signal Battalion, was cited for award of the MUC for the period 1 October 1967 - 30 September 1969 by DAGO Number 48, dated 1971.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the ARCOM for meritorious service during the period 1 November 1970 through 20 May 1971.  Therefore, his
DD Form 214 for the period ending 21 May 1971 should be corrected to show this award.

2.  He completed a period of qualifying service ending with the termination of a period of active Federal military service.  Records show he received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the AGCM.  The fact he achieved the rank/grade of SGT/E-5 depicts his actions and service as honorable.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 16 May 1968 through 15 May 1971 and to correct his DD Form 214 for the period ending 21 May 1971 to show this award.

3.  He participated in four campaigns during his service in Vietnam that entitles him to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  His two units in Vietnam were each cited for award of the MUC.  Therefore, his DD Form 214 for the period ending 21 May 1971 to show these unit awards.

5.  All units in Vietnam were cited for awarded of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  As such, he is entitled to one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correction of his DD Form 214 for the period ending 
21 May 1971 to show this unit award.









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 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 his DD Form 214 for the period ending 21 May 1971 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
16 May 1968 through 15 May 1971; and

	c.  adding to his DD Form 214 for the period ending 21 May 1971 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam 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)                                         AR20120017162



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ABCMR Record of Proceedings (cont)                                         AR20120017162



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