IN THE CASE OF 

		BOARD DATE:	    26 August 2014

		DOCKET NUMBER:  AR20130022358 


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), Combat Infantryman Badge (CIB), and any other individual and unit awards that he is authorized.

2.  The applicant states he served in the Republic of Vietnam (RVN) during the period 6 August 1968 to 29 July 1969.

   a.  He was assigned to Company C, 3rd Battalion, 21st Infantry Regiment, 196th Light Infantry Brigade, and also Headquarters and Headquarters Company, 196th Light Infantry Brigade.

   b.  He states that during his military service, the U.S. Army changed from using the Service Number (SN) to using the individual's Social Security Number (SSN).  The orders that awarded him the ARCOM show his correct SSN; however, the orders that awarded him the CIB show an incorrect SSN.  He adds that the orders that returned him from overseas also show an incorrect SSN and he is concerned that he may not have received all of his orders, including some award orders.

3.  The applicant provides copies of his ARCOM and CIB award orders, three reassignment orders, and his 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.  A DD Form 47 (Record of Induction) shows the applicant was inducted into the U.S. Army on 8 March 1968.  At the time the applicant was inducted, the U.S. Armed Forces did not use the SSN for identification; he was issued an SN. However, his SSN was entered in the Remarks section.

3.  Upon completion of training he was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

4.  Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, Special Orders (SO) Number 117, dated 26 April 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar.  (The orders show the applicant's SN.)

5.  SOs issued by Headquarters, U.S. Army Training Center, Fort Polk, LA, pertaining to the applicant show his correct SSN and that:

* SO Number 137, dated 28 May 1968, awarded him the Marksman Marksmanship Qualification Badge with .45 Caliber Pistol Bar
* SO Number 154, dated 17 June 1968, awarded him the Expert Marksmanship Qualification Badge with (81mm) Mortar Bar

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 29 (Qualification in Arms):

* Marksman, M-14 Rifle
* Expert, 81mm Mortar
* Marksman, .45 Caliber Pistol
* Expert, M-16 Rifle
	b.  item 31 (Foreign Service), he served in Vietnam from 4 August 1968 through 29 July 1969;

   c.  item 33 (Appointments and Reductions), he was promoted to specialist four (SP4)/pay grade E-4 on 22 January 1969;

 	d.  item 38 (Record of Assignments), he received all "excellent" conduct and efficiency ratings throughout his military service and, in pertinent part, he was assigned to:

* 23rd Administration Company, Replacement Detachment, from 
8 through 13 August 1968
* Company C, 3rd Battalion, 21st Infantry, 196th Infantry Brigade, from 14 August 1968 through 27 July 1969

7.  Headquarters, Americal Division, SO Number 126, dated 6 May 1969, awarded the applicant the CIB.  The orders show his correct SN, but an incorrect SSN.

8.  Headquarters, Americal Division, General Orders (GO) Number 6452, dated 14 July 1969, awarded the applicant the ARCOM for meritorious service during the period August 1968 to August 1969.  The orders show his correct SSN.

9.  On 22 July 1969, the applicant was awarded MOS 71M (Chaplain Assistant).

10.  The applicant's DD Form 214 shows he was honorably released from active duty on 6 March 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had completed 1 year, 11 months, and 29 days of net active service this period that included 11 months and 26 days of foreign service.  
It also shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* RVN Campaign Medal with Device (1960)

11.  A review of the applicant's military personnel records failed to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award).


12.  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, including a search based on the incorrect SSN.

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

a.  the front page of Headquarters, Americal Division, SO Number 191, dated 
10 July 1969, that assigned the applicant from the U.S Army Vietnam (USARV) Returnee Detachment, on 30 July 1969, for further assignment to the U.S. Army Infantry Center (USAIC), Fort Benning, GA.  The orders show an incorrect SSN.

b.  the back page of Headquarters, Americal Division, SO Number 206, dated 
25 July 1969, that assigned the applicant to the USARV Returnee Detachment, on 27 July 1969, for further assignment to the USAIC, Fort Benning, GA.  The orders show an incorrect SSN.
   
c.  the front page of Headquarters, U.S. Army Personnel Center, Fort Lewis, 
WA, SO Number 214, dated 2 August 1969, that reassigned (diverted) the applicant and assigned him to the 5th Adjutant General Company, Fort Carson, CO, on 1 September 1969.  The orders show his correct SSN.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the 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.  There must have been no convictions by a court-martial.  

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

	a.  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.

	b.  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 V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet Counteroffensive 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

16.  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 3rd Battalion, 21st Infantry Regiment, was cited for award of the:

* Valorous Unit Award for the period 13 May 1969 to 17 June 1969 in Department of the Army General Orders (DAGO) Number 43, 1972
* RVN Gallantry Cross with Palm Unit Citation for the period 16 April 1969 through 28 August 1969 in DAGO Number 6, 1974

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show all of his authorized awards.

2.  The evidence of record shows:

   a.  general orders awarded the applicant the ARCOM for meritorious service during the period August 1968 to August 1969;

   b.  special orders awarded the applicant the CIB.  The orders show his correct SN, but an incorrect SSN.  Therefore, it would be appropriate to amend the orders and also correct his DD Form 214 to show award of the CIB;


   c.  records show the applicant was authorized the:

* Expert Marksmanship Qualification Badge with 81mm Mortar Bar
* Expert Marksmanship Qualification Badge with M-16 Rifle Bar
* Marksman Marksmanship Qualification Badge with .45 Caliber Pistol Bar
* Marksman Marksmanship Qualification Badge with M-14 Rifle Bar

	d.  the applicant qualified for award of the VSM and he participated in four campaigns during his service in the RVN.  Thus, he is entitled four bronze service stars for wear on his already-awarded VSM; and

	e.  general orders awarded the applicant's unit the:

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

3.  The applicant served a period of continuous, honorable active duty enlisted service from 8 March 1968 through 6 March 1970.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.

	b.  He was promoted to SP4 (E-4) with less than 11 months of active duty and he received all "excellent" conduct and efficiency ratings during his service.

   c.  He was awarded the ARCOM for meritorious service during the period August 1968 to August 1969;

   d.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award).

4.  Therefore, it would be appropriate to amend the applicant's CIB award orders and correct his DD Form 214 to show 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.  amending Headquarters, Americal Division, Special Orders Number 126, dated 6 May 1969, to show the applicant's correct Social Security Number;
   
   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
8 March 1968 through 6 March 1970 (Standard Name Line:  SP4, 
Headquarters and Headquarters Company, 43rd General Support Group, Fort Carson, CO);

	c.  deleting from item 24 of his DD Form 214 the "Vietnam Service Medal with 2 Bronze Service Stars;" and

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

* Army Commendation Medal
* Army Good Conduct Medal (1st Award) 
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with M-16 Rifle and 
81mm Mortar Bars
* Marksman Marksmanship Qualification Badge with M-14 Rifle and 
.45 Caliber Pistol Bars




      _______ _   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)                                         AR20130022358



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ABCMR Record of Proceedings (cont)                                         AR20130022358



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