BOARD DATE:	  15 July 2014

		DOCKET NUMBER:  AR20130018519 


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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Combat Infantryman Badge (CIB)
* a second award of the Army Commendation Medal (ARCOM)
* Army Good Conduct Medal (AGCM)
* three bronze service stars for wear on his Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960) instead of the Vietnam Campaign Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 Awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar     

2.  He also requests correction of item 1 (Last Name-First Name-Middle Name) of his DD Form 214 to show the suffix "Jr." (Junior).

3.  The applicant states:

* his full name suffix was not entered on his DD Form 214
* he was awarded the CIB, two awards of the ARCOM, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, but they are not documented on his DD Form 214
* he is eligible for the AGCM, but it was not awarded
* three bronze service stars are not listed on his DD Form 214

* the "60 Device" for the Vietnam Campaign Medal is not annotated
* he is eligible for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* he is eligible for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 

4.  The applicant provides:

* DD Form 214
* Service personnel records
* Birth certificate
* Orders for the ARCOM with First Oak Leaf Cluster
* Excerpts from Army Regulation 600-8-22 (Military Awards) and Department of the Army Pamphlet 672-3 (Unit Campaign Participation and Credit Register)

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 induction record shows the suffix "Jr." in item 1 (Last Name-First Name-Middle Name).  He was inducted into the Army of the United States on 19 June 1969.  

3.  Orders, dated 14 August 1969, show he qualified sharpshooter on the M-14 
Rifle, expert on the hand grenade, and expert on the M-16 Rifle.

4.  Orders, dated 25 September 1969, show he qualified first class gunner with the M-60 machine gun.


5.  He served in Vietnam from 13 January to 26 December 1970.  His DA Form 20 (Enlisted Qualification Record) shows he served as an infantryman assigned to the following units in Vietnam:

* Company B, 2nd Battalion, 14th Infantry, 25th Infantry Division from 
22 January to 10 November 1970
* Company C, 5th Battalion, 7th Cavalry of the 1st Cavalry Division from 
11 November to 13 November 1970
* Company A, 5th Battalion, 7th Cavalry of the 1st Cavalry Division from
14 November to 26 December 1970

6.  Orders, dated 10 March 1970, show he received the CIB. 

7.  Orders, dated 24 October 1970, show he received the ARCOM with First Oak Leaf Cluster (2nd Award). 

8.  On 27 December 1970, he was released from active duty in the rank of specialist four after completing 1 year, 6 months, and 9 days of creditable active service with no time lost.

9.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* VSM
* Vietnam Campaign Medal
* ARCOM
* Purple Heart
* Air Medal

10.  There is no evidence the applicant received the first award of the AGCM.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

11.  Records show he participated in three campaigns during his assignment in Vietnam.

12.  Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 14th Infantry, was 
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit 
Citation for the period 1 September 1968 to 30 September 1970 in Department of the Army General Orders (DAGO) 5, dated 1973.
13.  Department of the Army Pamphlet 672-3 also shows the 5th Battalion, 
7th Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971 in DAGO 42, dated 1972.

14.  Department of the Army Pamphlet 672-3 does not show the applicant's units were cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to them.

15.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received.

16.  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.

17.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the CIB.  Therefore, his DD Form 214 should be corrected to show this badge.

2.  His DD Form 214 shows one award of the ARCOM, but orders show he received two awards of the ARCOM.  Therefore, his DD Form 214 should be corrected to show the ARCOM (2nd Award).

3.  He was honorably released from active duty in the rank of specialist four with 18 months of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification.  It appears he met the
eligibility criteria for the AGCM (1st Award) for the period 19 June 1969 through 27 December 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

4.  He participated in three campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with three bronze service stars.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

5.  His DD Form 214 shows the Vietnam Campaign Medal as an authorized award.  This medal is correctly known as the Republic of Vietnam Campaign Medal with Device (1960), and it would be appropriate to correct his DD Form 214 to show the Republic of Vietnam Campaign Medal with Device (1960). 

6.  His units in Vietnam were cited for one award each of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to the unit.  His DD Form 214 should be corrected to show both unit awards.

7.  Although the applicant contends he is eligible for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Department of the Army Pamphlet 672-3 does not show his units were cited for this award while he was assigned to the units.  Therefore, there is insufficient evidence on which to base adding this unit award to his DD Form 214. 

8.  Orders show he qualified sharpshooter on the M-14 Rifle, expert on the hand grenade, expert on the M-16 Rifle, and first class gunner with the M-60 Machine gun.  Therefore, his DD Form 214 should be corrected to show the Expert Marksmanship Qualification Badge with Grenade and Rifle (M-16) Bars, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, and First Class Gunner with Machine Gun (M-60) Bar. 

9.  The entry on his induction record that shows his name includes the suffix "Jr." is accepted as sufficient evidence on which to amend item 1 of 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 that the evidence presented was 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 AGCM (1st Award) for the period 19 June 1969 through 27 December 1970;  

	b.  adding the entry "Jr." to item 1 of his DD Form 214;

	c.  deleting the entries "VIETNAM SERVICE MEDAL," "VIETNAM CAMPAIGN MEDAL," and "ARMY COMMENDATION MEDAL" from his 
DD Form 214; and

	d.  adding the AGCM (1st Award), CIB, ARCOM (2d Award), VSM with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation (2d Award), Expert Marksmanship Qualification Badge with Grenade and Rifle (M-16) Bars, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, and First Class Gunner with Machine Gun (M-60) Bar to his DD Form 214.

2.  The Board further determined that 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 adding the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214. 



      _______ _  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)                                         AR20130018519



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ABCMR Record of Proceedings (cont)                                         AR20130018519



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