IN THE CASE OF:	 

		BOARD DATE:	  15 April 2014 

		DOCKET NUMBER:  AR20130014343 


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 Army Commendation Medal (ARCOM) and any other awards to which he is entitled.

2.  The applicant states his DD Form 214 does not reflect the ARCOM he was awarded for his service in Vietnam and all of his wartime decorations.

3.  The applicant provides copies of his DD Form 214 and orders awarding him the ARCOM.

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 30 October 1970.  He completed basic training at Fort Ord, California, and advanced individual training as an equipment storage specialist at Fort Lewis, Washington, and Fort Lee, Virginia.  He was transferred to Vietnam on 19 August 1971 for assignment to the U.S. Army Depot-Long Binh.

3.  He participated in three campaigns and departed Vietnam on 16 May 1972 for assignment to Fort Bragg, North Carolina.

4.  On 19 May 1972, he was honorably released from active duty.  He completed 1 year, 6 months, and 20 days of active service.  His DD Form 214 shows he was awarded the National Defense Service Medal and Vietnam Service Medal (VSM).

5.  Headquarters, U.S. Army Support Command-Saigon, General Orders Number 411, dated 7 April 1972, awarded the applicant the ARCOM.

6.  A review of his official records shows he received "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

7.  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 the 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.

8.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

9.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

10.  Army Regulation 600-8-22 states a bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B, including the VSM.

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 his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the ARCOM on 7 April 1972 and is entitled to have that award added to his DD Form 214.

2.  The applicant participated in three campaigns and is authorized to wear three bronze service stars on his already-awarded VSM and to have them added to his DD Form 214.

3.  The applicant also served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960).  Accordingly, this award should be added to his DD Form 214.

4.  A review of the available records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no indication of derogatory information that would serve to disqualify him for the AGCM (1st Award).  Therefore, it appears that the failure to award him this medal was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 30 October 1970 to 19 May 1972 and his DD Form 214 should be corrected to show this award.

5.  Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  Accordingly, it should be added to his DD Form 214.



BOARD VOTE:

___X____  ___X____  __ X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* awarding him the AGCM (1st Award) for the period 30 October 1970 to 19 May 1972
* deleting award of the VSM from his DD Form 214
* adding the following awards to his DD Form 214 –

* ARCOM
* AGCM (1st Award)
* VSM with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _ 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)                                         AR20130014343



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ABCMR Record of Proceedings (cont)                                         AR20130014343



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