BOARD DATE:	  16 October 2014

		DOCKET NUMBER:  AR20140000625 


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 add the Army Commendation Medal with "V" Device (ARCOM w/V Device).

2.  The applicant states he did not discover this mistake until he recently filed for Department of Veterans Affairs benefits.

3.  The applicant provides:

* DD Form 214
* ARCOM Order

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 records show he enlisted in the Regular Army on 1 April 1969. He was trained in and awarded military occupational specialty (MOS) 11C (Indirect Fire Crewman).

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

* item 38 (Record of Assignments) – he was assigned with 5th Battalion, 7th Cavalry Regiment in the RVN from 16 April 1970 to 27 February 1971 and he received no less than "excellent" conduct and efficiency ratings at each of his active duty assignments

* item 41 (Awards and Decorations) – he was awarded the ARCOM announced in Headquarters, 1st Cavalry Division, General Orders (GO) Number (#) 17444, and that he qualified "sharpshooter" with the M-14 rifle

4.  His military record contains no derogatory information and there is no documented record of a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

5.  His military record contains Headquarters, 1st Cavalry Division orders which announced the applicant's award as indicated:

* Special Orders #150, dated 30 May 1970 – Combat Infantryman Badge (CIB)
* GO #11012, dated 22 June 1970 – ARCOM w/"V" Device
* GO #19901, dated 14 November 1970 – ARCOM w/"V" Device and 2nd
  Oak Leaf Cluster (OLC)
* GO #850, dated 14 January 1971 - Bronze Star Medal (BSM)
* GO #2858, dated 12 February 1971 – BSM w/OLC

6.  On 1 March 1971, the applicant was honorably released from active duty in the rank of SGT.  His DD Form 214 issued at that time shows he completed 1 year, 11 months, and 1 day of creditable active duty service, of which 10 months and 4 days was foreign service.

7.  His DD Form 214 shows he earned the following awards during his tenure on active duty:

* National Defense Service Medal




* Vietnam Service Medal
* RVN Campaign Medal
* ARCOM
* Air Medal
* BSM

8.  The applicant provides Headquarters, 1st Cavalry Division, GO #17444, dated 26 September 1970.  It announced his award of the ARCOM w/"V" Device for heroism on 25 August 1970.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

	a.  Paragraph 2-13 contains guidance on award of the VSM and states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

	b.  Table B-1 contains a list of campaigns and shows that during the applicant's service in the RVN, participation credit was awarded for the following campaigns:

* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive, Phase VII

10.  Army Regulation 672-5-1 (Awards) stated the AGCM was awarded for each 
3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant's service in the RVN, his unit (5th Battalion, 7th Cavalry Regiment) was awarded the Valorous Unit Award (VUA) and RVN Gallantry Cross with Palm Unit Citation.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected by adding the ARCOM w/"V" Device.  This claim has merit.

2.  The evidence of record includes and identifies official orders confirming the applicant was thrice awarded the ARCOM, twice for valor.  It also contains official orders confirming he was awarded the BSM w/OLC and the CIB and none of these awards are properly listed on his DD Form 214.  Accordingly, his 
DD Form 214 should be corrected at this time to correctly show these awards.

3.  His record also confirms he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a specific disqualification by any of the active duty unit commanders for whom he served.  As a result, it would be appropriate to award him the first award of the AGCM, for his qualifying period of honorable active duty service from 1 April 1969 through 1 March 1971 and to correct his record to show this initial award.

4.  The applicant's DA Form 20 confirms he qualified "sharpshooter" with the 
M-14 rifle.  This qualification is not currently reflected on his DD Form 214 and should be added.

5.  In addition, the evidence of record also shows that based on his service and campaign participation in the RVN he is also authorized the VUA, RVN Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his already-awarded VSM.  Thus, it would also be appropriate to add these awards to his DD Form 214.

BOARD VOTE:

___x_____  ___x_____  __x___  GRANT FULL RELIEF 

________  ________  ________  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 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 first award of the Army Good Conduct Medal for his qualifying honorable active duty service from 1 April 1969 through 1 March 1971;
   
   b.  amending his DD Form 214 by deleting the following:
   
* Bronze Star Medal
* Army Commendation Medal
* Vietnam Service Medal

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

* Bronze Star Medal with Oak Leaf Cluster
* Army Commendation Medal with "V" Device and two Oak Leaf Clusters
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Combat Infantryman Badge
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

d.  issuing him a correction to his DD Form 214 to reflect these awards.




      _______ _  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)                                         AR20140000625





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ABCMR Record of Proceedings (cont)                                         AR20140000625



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