IN THE CASE OF:
BOARD DATE: 17 October 2013
DOCKET NUMBER: AR20130003678
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 award of the Army Commendation Medal (ARCOM) with Oak Leaf Cluster and "V" Device.
2. The applicant states he received these awards but thinks a clerical mistake in his service number may have caused them not to be entered on his DD Form 214.
3. The applicant provides copies of the following documents:
* General Orders (GO) Number 4143, 4th Infantry Division, dated 23 July 1968
* Certificate for award of the ARCOM with "V" Device, dated 25 July 1968
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 25 January 1967, the applicant was inducted into the Army of the United States. He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. On 3 June 1967, the applicant departed Fort Jackson, SC, for duty in the Republic of Vietnam (RVN).
4. On 8 July 1967, he was assigned for duty as a rifleman with B Company, 1st Battalion, 4th Infantry Division.
5. GO Number 2206, 4th Infantry Division, dated 27 May 1968, announced award of the ARCOM to the applicant for his meritorious service during the period July 1967 to June 1968.
6. On or about 21 June 1968, the applicant departed the RVN and returned to the United States.
7. GO Number 4143, 4th Infantry Division, dated 23 July 1968, announced award of the ARCOM with "V" Device to the applicant for his heroism on 5 May 1968 in connection with military operations against an armed hostile force in the RVN.
8. On 24 January 1969, the applicant was released from active duty. He had attained the rank of specialist four, pay grade E-4 and had completed 2 years of creditable active duty service.
9. The applicant's DD Form 214 indicates that he received the following awards:
* Vietnam Service Medal with two bronze service stars
* RVN Campaign Medal
* National Defense Service Medal
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar
10. Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were excellent. The applicants records do not contain any evidence of disciplinary action. There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal (AGCM).
11. Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.
12. Appendix B of Army Regulation 600-8-22 (Military Awards), states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. It further shows that based on the applicant's dates of service in the RVN, he participated in the following three campaign periods:
* Vietnam Counteroffensive, Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive, Phase IV
13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. This publication shows that the 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 43, dated in 1970, for award of the Valorous Unit Award; in DAGO Number 53, dated in 1970, for award of the RVN Civil Actions Honor Medal First Class Unit Citation; and in DAGO Number 54, dated in 1974, for award of the RVN Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends, in effect, that his DD Form 214 should be corrected to show award of the ARCOM with Oak Leaf Cluster and "V" Device.
2. General orders show the applicant was awarded two ARCOM's, one for meritorious service and another for heroism. Therefore, his DD Form 214 should show award of the ARCOM with Oak Leaf Cluster (2nd Award) and "V" Device.
3. The applicants records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four, receiving multiple awards for heroic and meritorious service and by achieving "excellent" conduct and efficiency ratings. Therefore, it is presumed that his not receiving an AGCM for his service was an oversight. Accordingly, he should be awarded this medal.
4. Records show that the applicant participated in three campaign periods during his service in the RVN. Therefore, he is eligible for award of an additional bronze service star to be affixed to his already-awarded Vietnam Service Medal with two bronze service stars.
5. Records show that the applicants unit was cited in general orders for award of the Valorous Unit Award. Therefore, his DD Form 214 should show this unit award.
6. Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation. Therefore, his DD Form 214 should show these two foreign unit awards.
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 Army Good Conduct Medal for the period from
25 January 1967 to 24 January 1969;
b. deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars; and
c. adding to his DD Form 214:
* Army Commendation Medal (2nd Award) with "V" Device
* Army Good Conduct Medal
* Valorous Unit Award
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam 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) AR20130003678
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130003678
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140018882
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), the Army Commendation Medal (ARCOM), and the Bronze Star Medal (BSM) with "V" Device. In light of this evidence and his overall record of service, it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of active Federal service from 7 December 1967 to 15 September...
ARMY | BCMR | CY2011 | 20110002457
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards: * Army Good Conduct Medal (AGCM) * Vietnam Service Medal (VSM) with three bronze service stars * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Combat Infantryman Badge (CIB) * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * "VCAM" [interpreted to mean the RVN Campaign Medal with Device (1960)] * Army...
ARMY | BCMR | CY2013 | 20130009386
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: a. item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - * Bronze Star Medal (BSM) * "V" Device on already listed Army Commendation Medal (ARCOM) * Army Good Conduct Medal (AGCM) * Combat Infantryman Badge (CIB) b. item "21a" (taken to mean item 23a (Specialty Number and Title)) - "flight crew member [duty...
ARMY | BCMR | CY2011 | 20110015901
The evidence of record confirms the applicant was awarded the BSM with V Device for heroism in the RVN on 9 May 1968 and this award was announced and authorized in GOs issued by the 199th Infantry Brigade, as evidenced by an entry in item 41 of his DA Form 20. The evidence of record also confirms the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2012 | 20120012755
The applicants DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 7 January 1968 through 2 January 1969. Item 41 (Awards and Decorations) of the DA Form 20 does not list the ARCOM and indicates the Army Good Conduct Medal (AGCM) was requested. 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 31 July 1967...
ARMY | BCMR | CY2011 | 20110008419
Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. Therefore, even though there are no published orders on file for this award, this service award is supported by the applicant's excellent combat record of service in the RVN and it would be appropriate and serve the interest of equity to add it to DD Form 214 at this time. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2010 | 20100023235
The applicant requests, in two separate applications, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Commendation Medal (ARCOM), Bronze Star Medal (BSM) with "V" Device for heroism, and the BSM for meritorious achievement. He provides: * General Orders (GO) Number 6301 awarding him the ARCOM * the associated ARCOM award certificate * GO Number 6694 awarding him the BSM with "V" Device * a BSM award certificate for...
ARMY | BCMR | CY2013 | 20130011479
Therefore, it would be appropriate to award him the ACGM (1st Award) for the period 27 February 1967 through 26 February 1969 and to add this award to his DD Form 214. 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 27 February 1967 through 26 February 1969; b. deleting the ARCOM and VSM from his DD Form 214; c. adding to his DD Form 214 the following awards: * AGCM...
ARMY | BCMR | CY2011 | 20110011397
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: a. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the: * Combat Infantryman Badge (CIB) * Army Commendation Medal (ARCOM) with oak leaf cluster (OLC) * Defense Meritorious Service Medal (DMSM) * Legion of Merit (LOM) * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal...
ARMY | BCMR | CY2014 | 20140002530
A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was recommended for or awarded a second award of the SS. The available evidence does not show the applicant was recommended for or awarded a second award of the SS for actions in the RVN. Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.