BOARD DATE:  19 September 2013	  

		DOCKET NUMBER:  AR20130003606 


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 award of the Army Good Conduct Medal (AGCM) and all other authorized awards.

2.  He states his DA Form 137 (Installation Clearance Record) shows he was recommended for award of the AGCM.  The award was not included on his DD Form 214.  He requests an update of his DD Form 214 to show all of his military awards.  His children wish to have a correct document.

3.  He provides his DD Form 214 for the period ending 31 October 1966 and a DA Form 137, dated 25 October 1966.

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.  Having prior service in the Army National Guard, the applicant enlisted in the Regular Army on 15 November 1963.  After completing advanced individual training, he was awarded military occupational specialty 36A (Wireman).

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows:

* he received all "excellent" conduct and efficiency ratings
* he was assigned for duty in Vietnam with Headquarters and Headquarters Company, 4th Battalion, 23d Infantry Regiment, 25th Infantry Division, from 16 April to 31 October 1966

4.  On 31 October 1966, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 after completing 2 years, 11 months, and 16 days of net service during this period.  The DD Form 214 issued at that time shows he was awarded or authorized the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* National Defense Service Medal
* Vietnam Service Medal (VSM)

5.  His records are void of documentation showing he was awarded the AGCM.

6.  His records are void of documentation showing he was the subject of disciplinary action during his military service.

7.  He provides a DA Form 137, dated 25 October 1966, showing his commander rated his conduct and efficiency as "excellent" and recommended him for award of the AGCM.

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 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for award of 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, participation credit was awarded for the Vietnam Counteroffensive (25 December 1965-30 June 1966) and Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) campaigns.

10.  Army Regulation 600-8-22 states the Republic of Vietnam (RVN) Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

11.  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 4th Battalion, 23d Infantry, was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for the period April 1966 to August 1968 in Department of the Army General Orders Number 48, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1966 to 21 January 1970 in Department of the Army General Orders Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  He received all "excellent" conduct and efficiency ratings throughout his service.  He was promoted to SGT/E-5 and there is no record of any disciplinary action taken against him.  Shortly after his release from active duty, his commander recommended him for award of the AGCM.  Based on his overall record of service it appears an administrative error occurred resulting in failure to award the applicant the AGCM prior to his release from active duty.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 15 November 1963 through 31 October 1966 and to correct his DD Form 214 to show this award.

2.  The evidence shows he participated in two campaigns during his service in Vietnam which entitles him to two bronze service stars for wear on his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

3.  He completed a qualifying period of service in Vietnam to be eligible for the RVN Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

4.  His unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  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 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 AGCM (1st Award) for the period 15 November 1963 through 31 October 1966,

	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 two bronze service stars
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class 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)                                         AR20130003606



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ABCMR Record of Proceedings (cont)                                         AR20130003606



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