IN THE CASE OF:	   

		BOARD DATE:	  13 August 2013

		DOCKET NUMBER:  AR20130000567 


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 Good Conduct Medal (AGCM) and any additional personal or unit awards he may be entitled to receive.  

2.  He states he was a member of the Military Police (MP) Platoon, Headquarters and Headquarters Company (HHC), 196th Light Infantry Brigade, in Vietnam from September 1967 to September 1968.  He believes the record of his awards is incomplete.

3.  He provides his DD Form 214 and a 196th Light Infantry Brigade Certificate of Completion.

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.  On 7 November 1966, the applicant enlisted in the Regular Army for a period of 3 years.  After completing initial entry training, he was awarded military occupational specialty 95B (MP).  

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

* item 31 (Foreign Service), he was credited with service in Vietnam from 28 September 1967 through 22 September 1968
* item 38 (Record of Assignments), he was assigned to Vietnam and served with HHC, 196th Light Infantry Brigade from 3 October 1967 to
19 September 1968
* item 38, he received all "excellent" conduct and efficiency ratings

4.  Headquarters, 100th MP Battalion, Fort Bragg, NC, issued:

* Special Orders (SO) Number 60, dated 30 April 1969, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar
* SO 66, dated 8 May 1969, awarding him the Marksman Marksmanship Qualification Badge with Pistol Bar

5.  On 6 November 1969, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 after completing 3 years of total active service.  

6.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Army Commendation Medal

7.  His record is void of documentation showing he was the subject of disciplinary action during his service.  

8.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

10.  Department of the Army General Orders Number 8, dated 1974, announced   award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's conduct and efficiency ratings were "excellent," he was promoted to SGT/E-5, and there is no record of disciplinary action taken against him.  In light of his overall record of service, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service from 7 November 1966 to 6 November 1969 and to correct his DD Form 214 to show this award.

2.  He was awarded the VSM and he participated in four campaigns while serving in Vietnam.  He is entitled to correction of his DD Form 214 to show four bronze service stars for wear on the previously-awarded VSM.

3.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar and Marksman Marksmanship Qualification Badge with Pistol Bar.  He is entitled to correction of his DD Form 214 to show these badges.

4.  He served in a unit during a period for which it was cited for award of the RVN Gallantry Cross with Palm Unit Citation.  He is entitled to correction of his DD Form 214 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 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) based on completion of a qualifying period of active Federal service from 7 November 1966 to 6 November 1969; 

	b.  deleting the VSM from his DD Form 214; and

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

* AGCM (1st Award)
* VSM with four bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar
* 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)                                         AR20130000567



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130000567



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1