IN THE CASE OF:	   

		BOARD DATE:	  17 December 2013

		DOCKET NUMBER:  AR20130006630 


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 20 April 1971 (hereafter referred to as his DD Form 214) to show award of the Army Commendation Medal (ARCOM).

2.  The applicant states he was awarded the ARCOM in 1969 in Vietnam.

3.  The applicant provides no additional evidence.

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 6 January 1969, the applicant was inducted into the Army of the United States.  On 9 January 1969, he was honorably discharged for the purpose of enlisting in the Regular Army (RA).  On 10 January 1969, he enlisted in the RA for a period of 3 years.  He was awarded military occupational specialty 76P (Stock Control and Accounting Specialist).  He held the ranks/grade of specialist five (SP5) and sergeant (SGT)/E-5.

3.  On 31 May 1970, Headquarters, 1st Aviation Brigade, issued General Orders Number 4485, awarding him the ARCOM for meritorious service from June 1969 to June 1970.

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

* item 31 (Foreign Service) he served in Vietnam from 16 June 1969 to 15 June 1970
* item 38 (Record of Assignments) he was assigned to the 357th Transportation Company, Vietnam, from 22 June to 24 September 1969
* item 38 he was assigned to the 165th Transportation Company, Vietnam, from 25 September 1969 to 12 June 1970
* item 38, he received all "excellent" conduct and efficiency ratings throughout his service

5.  On 20 April 1971, he was honorably released from active duty early due to nonfulfillment of enlistment commitment.  He completed 2 years, 3 months, and 15 days of total active service.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with 1960 Device
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

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

7.  His records are void of any orders or other documents that indicate he was awarded the Army Good Conduct Medal (AGCM) by proper authority.  There are no adverse actions recorded in the applicant's available records or any record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.

9.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  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, the applicant participated in the following three campaigns:

* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* DA Sanctuary Counteroffensive (1 May-30 June 1970)

10.  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 357th Transportation Company was awarded the Meritorious Unit Commendation (MUC) for the period 11 October 1968 through 30 June 1969 by Department of the Army General Order (DAGO) Number 39, dated 1970.

11.  Department of the Army Pamphlet 672-3, paragraph 6d, states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the ARCOM for meritorious service.  Therefore, he is entitled to have this award added to his DD Form 214.

2.  He completed a period of qualifying service ending with the termination of a period of active Federal military service.  Records show he received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the AGCM.  The fact he achieved pay grade E-5 depicts his actions and service as honorable.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 6 January 1969 through 20 April 1971 and to add this award to his DD Form 214.

3.  He participated in three campaigns during his service in Vietnam that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

4.  His first unit of assignment in Vietnam was awarded the MUC during his assignment to that unit.  Therefore, this unit award should be added to his DD Form 214.

5.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  As such, he is entitled to one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correction of his DD Form 214 to show this unit award.

6.  In view of the foregoing, the applicant is entitled to have his records 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 6 January 1969 through 20 April 1971;

	b.  deleting from his DD Form 214 for the period ending 20 April 1971 the Vietnam Service Medal; and


	c.  adding to his DD Form 214 for the period ending 20 April 1971 the:

* ARCOM
* AGCM (1st Award)
* Vietnam Service Medal with three bronze service stars
* MUC
* Republic of Vietnam 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)                                         AR20130006630



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ABCMR Record of Proceedings (cont)                                         AR20130006630



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