IN THE CASE OF: 

		BOARD DATE:	  13 May 2014

		DOCKET NUMBER:  AR20130016321 


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 the Army Good Conduct Medal (AGCM).  

2.  The applicant states he was honorably discharged, he received the Army Commendation Medal (ARCOM) with 1st oak leaf cluster (2nd award), and he served in Vietnam.  Due to military cutbacks, they were processed and discharged in a very short period of time and the only member of his unit who received the AGCM was the unit clerk who made sure to file his paperwork.  

3.  The applicant provides a DD Form 214, Certificate of Appreciation, Honorable Discharge Certificate, two ARCOM certificates, and orders for 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 on 7 March 1969.  He was honorably discharged on 13 March 1969 to enlist in the Regular Army on 
14 March 1969.  

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

* item 31 (Foreign Service), he served in Vietnam from 10 April 1970 to 
18 March 1971 
* item 38 (Record of Assignments), he served with the 244th Aviation Company from 15 April 1970 to 25 June 1970 and with the 65th (should read 56th) Transportation Company from 26 June 1970 to 13 March 1971
* item 38, he received all "excellent" conduct and efficiency ratings throughout his active duty service

4.  Headquarters, 1st Aviation Brigade, General Orders Number 9804, dated 
5 October 1970, awarded him the ARCOM for service during the period 25 April-25 August 1970 while a member of the 56th Transportation Company.

5.  Headquarters, 1st Aviation Brigade, General Orders Number 2200, dated 
17 March 1971, awarded him the ARCOM (2nd Award) for service during the period April 1970-April 1971.

6.  His record is void of derogatory information or a unit commander's disqualification that would have precluded him from being awarded the AGCM.

7.  On 13 January 1972, he was honorably released from active duty in the rank of specialist five after completing a total of 2 years, 10 months, and 7 days of active duty service with no lost time.

8.  His DD Form 214 shows he was awarded or authorized the;

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

9.  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.

10.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for award of 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 participation credit was awarded for the following three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970) 
* Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971

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 that during his assignment to the 244th Aviation Company, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 December 1969 to 10 October 1970 by Department of the Army General Orders (DAGO) Number 52, dated 1971.

12.  Department of the Army Pamphlet 672-3 also shows that during his assignment to the 56th Transportation Company, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January-31 December 1971 by DAGO Number 32, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the AGCM has been carefully considered.  

2.  The evidence of record shows he received all "excellent" conduct and efficiency ratings throughout his active duty service and his records are void of derogatory information or a commander's disqualification that would have precluded him from being awarded the AGCM.  Therefore, he should be awarded the AGCM (1st Award) for the period 7 March 1969 to 13 January 1972 and his DD Form 214 should be corrected to show this award.

3.  His DD Form 214 indicates he was awarded the ARCOM; however, general orders indicate he was awarded two awards of the ARCOM.  Therefore, his DD Form 214 should be corrected to show the ARCOM (2nd Award).

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

5.  His units in Vietnam were cited in general orders for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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.  deleting the Army Commendation Medal and the Vietnam Service Medal from his DD Form 214;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
7 March 1969 to 13 January 1972; and 

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

* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam 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)                                         AR20130016321



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ABCMR Record of Proceedings (cont)                                         AR20130016321



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