IN THE CASE OF:	

		BOARD DATE:	  5 December 2013

		DOCKET NUMBER:  AR20130005780 


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:

* Silver Star
* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The applicant states he was awarded the Silver Star and Army Commendation Medal and he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should reflect true and accurate information about his military service.

3.  The applicant provides:

* General Orders Number 870, issued by Headquarters, II Field Force Vietnam, dated 7 August 1968
* Army Commendation Medal Citation
* Vietnam Gallantry Cross with Palm Unit Citation information paper
* DD Form 214

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 7 June 1967.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

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

* item 29 (Qualification in Arms), he qualified as Expert with the M-14
* item 38 (Record of Assignments):

*	Company A, 2nd Battalion, 3rd Infantry, 199th Infantry Brigade in Vietnam for the period 23 November 1967 to 8 December 1967
*	Company A, 3rd Battalion, 7th Infantry, 199th Infantry Brigade for the period 9 December 1967 to 1 November 1968
*	Headquarters and Headquarters Company, 3rd Battalion, 7th Infantry, 199th Infantry Brigade for the period 2 November 1968 to on or about 11 January 1969

* item 38, "excellent" conduct and efficiency ratings
* item 41 (Awards and Decorations):

*	National Defense Service Medal
*	Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Vietnam Service Medal
*	Valorous Unit Award
*	Combat Infantryman Badge

4.  Special orders (SO) issued by Headquarters Fort Polk, Fort Polk, LA, awarded the applicant the Sharpshooter Marksmanship Qualification Badge for the following:

* SO Number 233, dated 8 September 1967, for the M-16 
* SO Number 236, dated 12 September 1967, for the M-60 Machinegun
5.  On 9 June 1968, he accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for being incapacitated for the proper performance of his duties from overindulgence in intoxicating liquor.

6.  On 11 January 1969, he was honorably released from active duty.  His DD Form 214 shows he completed 1 year, 7 months, and 5 days of total active service with no time lost.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Combat Infantryman Badge
* Vietnam Unit Citation (Valorous Unit Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  There is no evidence of a commander's disqualification that would have disqualified the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.

8.  He provides a copy of General Orders Number 870, dated 7 August 1968, which awarded him the Silver Star.  He also provides a citation for award of the Army Commendation Medal for the period November 1967 to November 1968 for his service in Vietnam.

9.  A 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 United States Army Human Resources Command, failed to reveal any orders for award of the Army Commendation Medal.

10.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

11.  Army Regulation 672-5-1 (Decorations and 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 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.

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with five campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968)
* Tet Counteroffensive (30 January 1968 – 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969)

13.  Army Regulation 600-8-22 provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments.  It states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  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 3rd Battalion, 7th Infantry and/or the 2nd Battalion, 3rd Infantry were cited for award of the:

* Valorous Unit Award for the period 31 January through 19 February 1968 by Department of the Army General Order (DAGO) Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970 by DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 to 31 August 1970 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Silver Star; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The applicant served honorably during the period 7 June 1967 through 11 January 1969.  He received all "excellent" conduct and efficiency ratings throughout his period of service.  Although he received nonjudicial punishment, it was for a minor offense.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

3.  He was awarded the Vietnam Service Medal and he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show one silver service star for wear on the previously-awarded Vietnam Service Medal.

4.  His DD Form 214 incorrectly shows he was awarded a Vietnam Unit Citation.  However, a unit to which he was assigned while in Vietnam was awarded the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge for the M-16 and M-60; therefore, he is entitled to correction of his DD Form 214 to show these badges.

6.  Although he provides a citation for award of the Army Commendation Medal, the governing Army regulation states that for personal decorations (which include the Army Commendation Medal) formal recommendation, approval through the chain of command, and announcement in orders are required.  The citation he provides is consistent with his period of service in Vietnam; however, it is insufficient by itself to show he was awarded the Army Commendation Medal.  In the absence of orders, there is insufficient evidence to correct his records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the Vietnam Service Medal and Vietnam Unit Citation from his DD Form 214;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 7 June 1967 through 11 January 1969;

	c.  adding to his DD Form 214 the following:

		*	Silver Star
		*	Army Good Conduct Medal (1st Award)
		*	Vietnam Service Medal with 1 silver service star
   *	Valorous Unit Award
   *	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
*	Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-16) and Machinegun Bar (M-60)

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 
denial of so much of the application that pertains to award of the Army Commendation Medal.  




      _______ _  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)                                         AR20130005780



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ABCMR Record of Proceedings (cont)                                         AR20130005780



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