IN THE CASE OF:	  

		BOARD DATE:	  2 July 2014

		DOCKET NUMBER:  AR20130018365 


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) with "V" Device.

2.  The applicant states he served in the Republic of Vietnam (RVN) and he was awarded the ARCOM with "V" Device for his actions on 19 January 1968.  His DD Form 214 shows he was awarded the ARCOM, but it does not show the ARCOM with "V" Device.  He adds that he was awarded a second ARCOM in May 1995 for meritorious service with the Pennsylvania Army National Guard.

3.  The applicant provides copies of two award documents and four separation documents.

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's complete military service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that portions of the applicant's records were lost or destroyed in that fire.  However, there are sufficient records available for the Board to conduct a fair and impartial review of this case.

3.  The applicant was inducted into the Army of the United States on 1 March 1966 and he was honorably discharged on 7 April 1967 to enlist in the Regular Army (RA).  He was awarded military occupational specialty 63B (Wheel Vehicle Repairman).  He enlisted in the RA on 8 April 1967.  He was promoted to specialist four (SP4)/pay grade E-4 on 21 May 1969.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 12 January 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He had completed 2 years, 9 months, and 4 days of net active service this period; 1 year, 1 month, and 7 days of prior active service; and 3 years, 10 months, and 11 days of total creditable service.
It also shows in:

	a.  item 22c (Foreign and/or Sea Service), he completed 1 year, 7 months, and 18 days of foreign service in U.S. Army Pacific; and

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Air Medal with "V" Device and 13 Oak Leaf Clusters
* ARCOM

   c.  item 26 (Non-Pay Periods/Time Lost):  21 September 1968 to 
   22 September 1968 (2 Days Bad Time).

   d.  Item 30 (Remarks) does not show the dates that he served in Vietnam.

   e.  At the time of his separation he was assigned to the 269th Ordnance Group, Fort Bragg, NC.

5.  Three general orders (GO) issued by Headquarters, 1st Aviation Brigade, show the applicant was assigned to the 281st Assault Helicopter/Aviation Company in the RVN and that:

* GO Number 7979, dated 1 December 1968, awarded him the ARCOM with "V" Device for heroism on 19 January 1968
* GO Number 4300, dated 1 July 1968, awarded him the Air Medal
(1st through 13th Oak Leaf Clusters) for meritorious achievement from
20 July 1967 to 15 April 1968
* GO Number 8136, dated 11 December 1968, awarded him the Air Medal with "V" Device (14th Oak Leaf Cluster) for heroism on 14 March 1968

6.  In support of his application the applicant provides the following documents:

   a.  DA Form 4980-14 (ARCOM Certificate) that shows Headquarters, 
157th Separate Infantry Brigade (Mechanized), Horsham, PA, Permanent Order Number 95-151, dated 1 May 1995, awarded him the ARCOM for meritorious service from 1 April 1987 to 31 May 1995.

   b.  Office of the Adjutant General, U.S. Army Administration Center, St. Louis, MO, Letters Orders Number 06-424932, dated 10 June 1970, that transferred him from the USAR Control Group (Reinforcement) to the USAR Control Group (Standby), effective 13 January 1970.

   c.  DD Form 256A (Honorable Discharge Certificate) that honorably discharged him from the U.S. Army, effective 28 February 1972.

   d.  National Guard Bureau (NGB) Form 55 (Honorable Discharge Certificate) that honorably discharged him from the Pennsylvania Army National Guard and the Reserve of the Army effective 14 March 2004.

7.  During the processing of this case, an ABCMR staff member contacted the applicant to obtain additional information regarding the period of his overseas service in the RVN.  In response, the applicant indicated that he served in the RVN from late May 1967 until 13 January 1969.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to reveal copies of any additional award orders pertaining to the applicant.

9.  A review of the applicant's available military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

10.  His available military personnel records failed to reveal any adverse information or evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award) for the period of service under review.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to individuals who completed a qualifying 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  A bronze oak leaf cluster is awarded to denote each subsequent award of certain decorations.  During the applicant's period of service, this included the Air Medal.  Additionally, a silver oak leaf cluster is authorized in lieu of five bronze oak leaf clusters.

	b.  The Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

	c.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* 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)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)


13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows the:

* 218th Aviation Company (Less) was cited for award of the Valorous Unit Award for the period 4 March to 4 April 1968 in Department of the Army General Orders (DAGO) Number 59 (1969)
* 218th Aviation Company was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 27 March 1967 through 17 May 1968 in DAGO Number 21 (1969), as amended by DAGO Number 46 (1969)

14.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  This Army regulation states the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.

   a.  It shows for item 24, list all decorations, service medals, campaign medals, and badges awarded or authorized at the time of separation, omitting authorities cited therein.

   b.  Subsequent to the applicant's release from active duty, a regulatory change was introduced for the Remarks section of the DD Form 214 that provided for entering inclusive dates of service in Vietnam during the current period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the ARCOM with "V" Device and his service in the RVN.

2.  The applicant's DD Form 214 shows in item 22c that he was credited with 
1 year, 7 months, and 18 days of overseas service.  However, the exact period of his overseas service cannot be precisely determined from the available evidence.

   a.  GOs that announced his individual awards show he served in the RVN from as early as 20 July 1967 to as late as 11 December 1968.

   b.  The applicant contends he served in the RVN from late May 1967 until
13 January 1969.
 


   c.  A calculation to determine the period of overseas service shows:

	1969  01  13	date of redeployment
	-    01  07  18	total foreign service (USARPAC)
         = 1967  05   25 	date of deployment

   d.  Item 22c of his DD Form 214 shows this overseas service.  However, the dates of his service in Vietnam are not recorded on his DD Form 214.  Thus, at this time, it would be appropriate to show this service in item 30 of his DD Form 214.

3.  The evidence of record shows:

   a.  General orders awarded the applicant the ARCOM with "V" Device for heroism on 19 January 1968.  (Permanent orders awarded him the ARCOM for meritorious service for the period 1 April 1987 to 31 May 1995.  This period of service was subsequent to the period of service under review.  Thus, the second award of the ARCOM is not authorized to be entered on his 12 January 1970 
DD Form 214.)

	b.  The applicant qualified for award of the VSM and he participated in six campaigns during his service in the RVN.  Thus, he is entitled one silver service star and one bronze service star for wear on his already-awarded VSM.

	c.  General orders awarded the applicant's unit the:

* Valorous Unit Award
* RVN Gallantry Cross with Palm Unit Citation

4.  The applicant served a period of continuous, honorable active duty enlisted service from 1 March 1966 through 28 February 1969.

   a.  The evidence of records shows the applicant had 2 days of bad time while serving in the RVN.  However, he was recognized with 14 awards of the Air Medal for meritorious achievement and two personal decorations for valor in the RVN.

   b.  There is no evidence of a commander's disqualification for the first award of the AGCM.

   c.  Despite the absence of the unit commander's recommendation for award of the AGCM at the time of the applicant's separation processing, based on the available evidence, and notwithstanding 2 days bad time, it would be appropriate to award the applicant this medal.

5.  Therefore, it would be appropriate to correct the applicant's 12 January 1970 DD Form 214 to show his foreign service in the RVN and his awards and decorations, as recommended below.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period 
1 March 1966 through 28 February 1969 (Standard Name Line:  SP4, 
269th Ordnance Group, Fort Bragg, NC;

	b.  deleting all of the award entries from item 24 of his DD Form 214; and

	c.  adding the following awards to item 24 of his DD Form 214:

* Air Medal with "V" Device and 14 oak leaf clusters
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award) 
* National Defense Service Medal
* Vietnam Service Medal with one silver service star and
one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


	d.  adding to item 30 of his DD Form 214:  "Vietnam Service:  25 May 1967- 
13 January 1969"




      _______ _   _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)                                         AR20130018365



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ABCMR Record of Proceedings (cont)                                         AR20130018365



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