IN THE CASE OF:	  

		BOARD DATE:  6 March 2014

		DOCKET NUMBER:  AR20130011479 


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 a second award of the Army Commendation Medal (ARCOM).

2.  The applicant states he already received the medal.  However, he would like to have this award reflected on his DD Form 214.

3.  The applicant provides his DD Form 214 and an ARCOM (1st Oak Leaf Cluster) citation.

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 27 February 1967, he was inducted into the Army of the United States.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he held was sergeant/pay grade E-5.

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

* item 38 (Record of Assignments), he performed duties as a rifleman during his tour of duty in the Republic of Vietnam (RVN) while he was assigned to B Company, 1st Battalion, 22d Infantry Regiment, 4th Infantry Division, during the period 27 July 1967 to 21 July 1968
* item 38, he received all "excellent" conduct and efficiency ratings throughout his service

4.  General Orders Number 1822, issued by Headquarters, 4th Infantry Division, dated 5 May 1968, awarded him the ARCOM with "V" Device for action in Vietnam on 6 February 1968. 

5.  General Orders Number 2942, issued by Headquarters, 4th Infantry Division, dated 29 June 1968, awarded him the ARCOM (1st Oak Leaf Cluster).

6.  He was honorably released from active duty on 26 February 1969.  He completed 2 years of creditable active service.  His DD Form 214 shows he was awarded or authorized:

* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* National Defense Service Medal
* Combat Infantryman Badge
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

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

8.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the first award of 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.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 22d Infantry Regiment, 4th Infantry Division, was awarded the following during his assignment to the unit:

* Valorous Unit Award for the period 30 January - 12 February 1968
* RVN Gallantry Cross with Palm Unit Citation for the period 1 August 1965 - 16 April 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 - 31 October 1969

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the ARCOM with "V" Device for action in Vietnam on 6 February 1968 and also awarded him the ARCOM (1st Oak Leaf Cluster).  Therefore, he is entitled to have his DD Form 214 amended to show the ARCOM (2nd Award) with "V" Device.

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 the applicant or disqualification by his chain of command.  The fact he achieved the rank of sergeant/E-5 depicts his actions and service as honorable.  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.

3.  He participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for his participation.

4.  His unit was awarded the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation during his service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  In view of the foregoing, he 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  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 (1st Award)
* ARCOM (2nd Award) with "V" Device
* VSM with four bronze service stars
* Valorous Unit Award


* 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)                                         AR20130011479



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ABCMR Record of Proceedings (cont)                                         AR20130011479



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