IN THE CASE OF:	  

		BOARD DATE:	  2 December 2013

		DOCKET NUMBER:  AR20130006295 


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 19 December 1971 to show the Army Commendation Medal (ARCOM) (2nd Award).

2.  The applicant states the omission of this award on his DD Form 214 was an administrative error.

3.  The applicant provides:

* ARCOM Citation (October 1968-May 1970)
* ARCOM Certificate (May 1970-February 1971)
* DD Form 214 for the period ending 19 December 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.  On 23 May 1968, he was inducted into the Army of the United States.  He was awarded military occupational specialties 11B (Light Weapons Infantryman), 62E (Engineer Construction Machine Operator), and 62F (Crane Operator).

3.  On 30 January 1969, he enlisted in the Regular Army.

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

* item 31 (Foreign Service), he was credited with service in Vietnam during the period 19 October 1968 through 20 April 1970
* item 38 (Record of Assignments), he was assigned to Company B, 3d Battalion, 1st Infantry Regiment, 11th Infantry Brigade from 22 October 1968 to 1 February 1969
* item 38, he was assigned to Headquarters and Headquarters Company, 26th Engineer Battalion from 2 February 1969 to 14 April 1970
* item 38, he received all "excellent" conduct and efficiency ratings throughout his service

5.  On 13 April 1970, Headquarters, Americal Division issued General Orders 3844 awarding him the ARCOM for meritorious service in connection with military operations against a hostile force in Vietnam during the period May 1969 to May 1970. 

6.  On 25 February 1971, Headquarters, U.S. Army School/Training Center and Fort Gordon, issued General Orders 17 awarding him the ARCOM (First Oak Leaf Cluster) for the period 28 May 1970 to 19 February 1971.

7.  On 19 December 1971, he was honorably released from active duty in the rank of specialist five/E-5.  He completed 3 years, 6 months, and 27 days total active service.  His DD Form 214 shows he was awarded or authorized the:

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

8.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal (AGCM) by proper authority.  There are no adverse actions recorded in the available records and no disqualification for the AGCM by his chain of command.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the AGCM.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  This same regulation states a bronze service star will be awarded for wear on the VSM for participation in each campaign.  A silver service star is awarded in place of five bronze service stars.  During his tour of duty in Vietnam he participated in the following campaigns:

* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* 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 campaign (1 November 1969-30 April 1970)

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:

* 3d Battalion, 1st Infantry Regiment, 11th Infantry Brigade was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 2 November 1968 through 28 February 1969
* Headquarters and Headquarters Company, 26th Engineer Battalion was awarded the Navy Meritorious Unit Commendation for the period 1 July 1968 through 31 May 1969

DISCUSSION AND CONCLUSIONS:

1.  General orders show he was awarded two ARCOMs.  Therefore, he is entitled to have his DD Form 214 corrected to show the ARCOM (2nd Award).

2.  He completed a period of qualifying service ending with the termination of a period of Federal military service.  He also had "excellent" conduct and efficiency 
ratings throughout his tenure of service.  There is no record of any disciplinary action taken against him or disqualification by his chain of command.  The fact he achieved the rank of specialist five/E-5 depicts his actions and service as honorable.  Therefore, it would be appropriate to award him the AGCM (1st Award) for the period 23 May 1968 through 22 May 1971 and to add this award to his DD Form 214.

3.  The units he was assigned to in Vietnam were awarded the RVN Gallantry Cross with Palm Unit Citation and Navy Meritorious Unit Commendation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  His records show he was awarded the VSM.  Additionally, evidence shows he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to award of one silver service star to be affixed to his previously-awarded VSM.

5.  In view of the foregoing, the applicant's records should be corrected as shown below.

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.  	awarding him the AGCM (1st Award) for the period 23 May 1968 through 22 May 1971;

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


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

* ARCOM (2nd Award)
* AGCM (1st Award)
* VSM with one silver service star
* RVN Gallantry Cross with Palm Unit Citation
* Navy Meritorious Unit Commendation




      _______ _   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)                                         AR20130006295



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ABCMR Record of Proceedings (cont)                                         AR20130006295



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