IN THE CASE OF:	  

		BOARD DATE:	  4 September 2014

		DOCKET NUMBER:  AR20140000911 


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, in effect, correction of his records to show the awards, citations, and medals to which he is entitled.

2.  He states, in effect, he wants his records updated to show his awards, citations, and medals.

3.  He provides no additional 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 record shows he was inducted into the Army of the United States on 14 December 1965.

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

* item 31 (Foreign Service) he served in the Republic of Vietnam from on or about 22 September 1966 to on or about 21 September 1967
* item 38 (Record of Assignments) he received all "excellent" ratings for conduct and efficiency and, during his period of service in the Republic of Vietnam, he was assigned to:

* Company A, 3d Battalion, 22d Infantry Regiment, 4th Infantry Division from on or about 22 September 1966 to on or about           6 March 1967
* Company B, 3d Battalion, 22d Infantry Regiment, 4th Infantry Division from on or about 7 March 1967 to an unspecified date

* item 41 (Awards and Decorations) he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16) by Special Orders Number 2174, dated 1966
* Sharpshooter Marksmanship Qualification with Pistol Bar by Special Orders Number 216, dated 1966
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 
(M-14) by Special Orders Number 74, dated 1966

4.  On 20 September 1967, he was honorably released from active duty after serving for 1 year, 9 months, and 7 days.  The DD Form 214 he was issued shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, and Republic of Vietnam Campaign Medal with "1960" Device.

5.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns:
 
* Counteroffensive, Phase II (1 July 1966 – 31 May 1967)
* Counteroffensive, Phase III (1 June 1967 – 29 January 1968)
 

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit of assignment during his service in Vietnam, the 3d Battalion, 22d Infantry Regiment, 4th Infantry Division, was cited for award of the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the period October 1966 to 1 August 1967, by Department of the Army General Orders (DAGO) Number 48, dated 1971; 

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for action during the period 1 August 1967 to 21 January 1970, by DAGO Number 51, dated 1971; and 
 
	c.  Presidential Unit Citation, for action on 21 March 1967, by DAGO Number 59, dated 1968.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant served honorably in the Army from 14 December 1965 to        20 September 1967.  His records show he received "excellent" conduct and efficiency ratings throughout his period of active military service.  There is no evidence of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award), for the period 
14 December 1965 to 20 September 1967, and correct his DD Form 214 to show this medal.

2.  His DD Form 214 shows he was awarded the Vietnam Service Medal; however, it does not show he was awarded any bronze service stars, which are affixed to the Vietnam Service Medal to denote the number of campaigns he was credited with participating in.  His record shows he participated in two campaigns during his service in the Republic of Vietnam; therefore, it would be appropriate to correct his DD Form 214 to show he was awarded the Vietnam Service Medal with two bronze service stars.

3.  Special orders show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Sharpshooter Marksmanship Qualification Badge with Pistol Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  These marksmanship badges are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

4.  General orders awarded his unit of assignment during his service in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Presidential Unit Citation.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

BOARD VOTE:

____x___  ____x___  ____x____  GRANT FULL RELIEF 

________  ________  _________  GRANT PARTIAL RELIEF 

________  ________  _________  GRANT FORMAL HEARING

________  ________  _________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 Army Good Conduct Medal (1st Award), for the period 14 December 1965 to 20 September 1967;

	b.  amending his DD Form 214 to delete the Vietnam Service Medal and add the following awards and decorations:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar and Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Presidential Unit Citation



      ____________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)                                         AR20140000911





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ABCMR Record of Proceedings (cont)                                         AR20140000911



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