IN THE CASE OF:	  

		BOARD DATE:	  24 June 2014

		DOCKET NUMBER:  AR20130019068 


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 (AGCM) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal (BSM), Army Commendation Medal (ARCOM) (2nd Award), AGCM, and Presidential Unit Citation (PUC).

2.  The applicant states the BSM and ARCOM (2nd Award) are not listed on his DD Form 214.  His unit was recommended for the PUC.  He also believes he should be awarded the AGCM based on his honorable service with no disciplinary actions.

3.  The applicant provides:

* Headquarters, 1st Infantry Division, General Orders Number 1464, dated 7 March 1967
* Headquarters, 1st Infantry Division, General Orders Number 3746, dated 24 May 1967
* Headquarters, 1st Infantry Division memorandum, subject:  Recommendation for Presidential Unit Citation

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.  On 27 July 1964, the applicant enlisted in the Regular Army.  He was awarded military occupational specialties 76K (General Supply Specialist) and 12B (Combat Engineer).  The highest rank he held was specialist five/pay grade E-5.

3.  Headquarters, Fort Polk, Special Orders Number 210, dated 8 September 1964, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, U.S. Army Southern European Task Force, Special Orders Number 83, dated 22 April 1966, awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar.

5.  Headquarters, 1st Infantry Division, General Orders Number 1464, dated 7 March 1967, awarded him the ARCOM (2nd Award).

6.  Headquarters, 1st Infantry Division, General Orders Number 3746, dated 24 May 1967, awarded him the BSM.

7.  On 27 May 1967, he was honorably released from active duty.  He completed 2 years, 10 months, and 1 day of active service.

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

* item 31 (Foreign Service), he was credited with service in Vietnam from 11 August 1966 to 27 May 1967
* item 38 (Record of Assignments), he was assigned to Company C and Headquarters and Headquarters Company, 1st Engineer Battalion, 1st Infantry Division, performing duties as a combat construction specialist during the period 15 August 1966 to 24 May 1967
* item 38, he received all "excellent" conduct and efficiency ratings



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

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* ARCOM

10.  His records are void of any orders or other documents that indicate he was awarded the AGCM by proper authority.  There are no adverse actions recorded in the applicant's available records or any record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the AGCM.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the AGCM.  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 of less than 3 years but more than 1 year.

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with the Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) campaign.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Engineer Battalion, 1st Infantry Division, was awarded the following during his assignment to the unit:

* Meritorious Unit Commendation (MUC) for the periods 3 June 1966 to 15 April 1967 and 16 May 1967 to 2 June 1968
* RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the BSM.  Therefore, he is entitled to have this award added to his DD Form 214.

2.  General orders awarded him the ARCOM (2nd Award).  Therefore, he is entitled to have this award added to his DD Form 214.

3.  He completed a period of qualifying service ending with the termination of a period of active Federal military service.  Records show he received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the AGCM.  The fact that he was awarded a BSM, two ARCOM's, and held the rank of specialist five demonstrates his actions and service as honorable.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 27 July 1964 through 27 May 1967 and to add this award to his DD Form 214.

4.  He was awarded the VSM and he participated in one campaign while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded VSM with one bronze service star.

5.  The evidence shows the 1st Engineer Battalion, 1st Infantry Division, was recommended for award of the PUC in 1967.  However, there is no evidence the unit was approved in orders for this award.  As such, there is no basis for adding it to his DD Form 214.

6.  His unit received two awards of the MUC and was awarded the RVN Gallantry Cross with Palm Unit Citation during his service with that unit in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

7.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Marksman Marksmanship Qualification Badge with Pistol Bar.  Therefore, he is entitled to have his DD Form 214 corrected to show these qualification badges.

8.  In view of the foregoing, he is entitled to have his records corrected as shown below.

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 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 27 July 1964 through 27 May 1967,

	b.  deleting award of the VSM from his DD Form 214, and

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

* BSM
* ARCOM (2nd Award)
* AGCM (1st Award)
* VSM with one bronze service star
* MUC (2nd Award)
* RVN Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar

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 adding award of the PUC 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)                                         AR20130019068



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ABCMR Record of Proceedings (cont)                                         AR20130019068



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