IN THE CASE OF:. 

		BOARD DATE:	  18 June 2014

		DOCKET NUMBER:  AR20130017988 


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 award of the Army Good Conduct Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards:

* Army Good Conduct Medal
* two bronze service stars to be affixed to his previously-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Presidential Unit Citation
* Marksmanship Qualification Badge with Mortar Bar
* Marksmanship Qualification Badge with Rocket Launcher Bar (3.5-inch Rocket)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

2.  The applicant states, in effect, the above listed awards are not shown on his DD Form 214.

3.  The applicant provides:

* self-authored statement, dated 22 September 2013
* Headquarters, 1st Howitzer Battalion, 92d Artillery, memorandum, dated 19 May 1966, subject:  Letter of Commendation
* 
Headquarters, 4th Infantry Division Artillery, memorandum, dated 29 November 1967, subject:  Presidential Unit Citation (30 April 1967 to 23 July 1967)
* DD Form 214

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 15 November 1965.  He held military occupational specialty 13A (Field Artillery Basic) and attained the rank/grade of specialist four/E-4.

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

	a.  On 8 February 1967, he received a score of 40 in the M-16 rifle familiarization course vice qualification and, as such, no qualification badge was issued.

	b.  He was assigned to Vietnam from 13 February 1967 to 5 November 1967 and served with Battery A, 1st Battalion, 92d Artillery.

4.  He provided a memorandum from Headquarters, 4th Infantry Division Artillery, dated 29 November 1967, subject:  Presidential Unit Citation (30 April 1967 to 23 July 1967), stating the applicant's unit, Battery A, 1st Battalion, 92d Artillery, fired 4,092 rounds in support of the division.

5.  His records do not contain any evidence such as orders or annotations on his DA Form 20 to show he qualified with a mortar or 3.5-inch rocket.

6.  He was honorably released from active duty on 8 November 1967.  His DD Form 214 shows he completed 1 year, 11 months, and 23 days of net active service, of which 8 months and 24 days were credited as foreign service.  His DD Form 214 also shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* one overseas service bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  A review of his service records shows he had "excellent" conduct and efficiency ratings, no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions, or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal for the period 15 November 1965 through 8 November 1967.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards) states one bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign for which a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)

10.  Army Regulation 600-8-22 states the Presidential Unit Citation is awarded to units of the Armed Forces of the United States and cobelligerent nations for extraordinary heroism in action against an armed enemy occurring on or after 7 December 1941.  The Secretary of the Army, on behalf of the President of the United States, is the final approval authority for Presidential Unit Citation.

11.  Army Regulation 600-8-22 states a basic marksmanship qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which an individual qualified.  Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon.  Basic qualification badges are of three classes:  Expert, Sharpshooter, and Marksman.

12.  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 1st Battalion, 92d Artillery, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1971 in Department of the Army General Orders Number 54, dated 1974.  His unit was not credited with award of the Presidential Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably during the period 15 November 1965 through 8 November 1967 and he received "excellent" conduct and efficiency ratings.  There is no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his records to indicate his commander denied him this award.  It appears he met the criteria for this award.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

2.  The evidence of record shows he participated in two campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars with his previously-awarded Vietnam Service Medal.

3.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period of his assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  Department of the Army Pamphlet 672-3 does not show the Presidential Unit Citation among the unit awards to which his unit was authorized.  Therefore, the memorandum he provided is insufficient evidence to justify adding this unit award to his DD Form 214.

5.  His records do not contain any orders or annotations on his DA Form 20 to indicate he qualified with mortar or rocket launcher weapon systems and was awarded qualification badges.  As such, there is insufficient evidence to justify adding these badges to his DD Form 214.

6.  His records indicate he participated in an M-16 familiarization course.  However, as this was for familiarization only and not qualification, no badge was issued.  He was not issued orders awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, there is insufficient evidence to justify adding this badge to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___  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 partial 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 Army Good Conduct Medal (1st Award) for the period 15 November 1965 through 8 November 1967,

	b.  deleting award of the Vietnam Service Medal from his DD Form 214, and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Presidential Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), an unspecified Marksmanship Qualification Badge with Mortar Bar, and an 

unspecified Marksmanship Qualification Badge with Rocket Launcher Bar 
(3.5-inch Rocket).



      __________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)                                         AR20130017988



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ABCMR Record of Proceedings (cont)                                         AR20130017988



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