IN THE CASE OF:	  

		BOARD DATE:	  16 September 2014

		DOCKET NUMBER:  AR20140001324 


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) with "V" Device and the Combat Infantryman Badge (CIB).

2.  The applicant states he was awarded the ARCOM with "V" Device, for his heroism on 23 February 1967 in the Republic of Vietnam (RVN), and the CIB. However, the awards are not recorded on his DD Form 214.

3.  The applicant provides a copy his ARCOM Certificate; General Orders (GO) Number 786, issued by the United States Military Assistance Command, Vietnam (MACV) on 26 April 1967; 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.  The applicant was inducted into the U.S. Army on 3 September 1965.  He was awarded military occupational specialty 05B (Radio Operator).

3.  He was promoted to specialist four (SP4)/E-4 on 20 September 1966.

4.  His DA Form 20 (Enlisted Qualification Record) shows in –

* item 31 (Foreign Service), he served in Vietnam from 17 March 1966 through 7 March 1967
* item 38 (Record of Assignments), he was assigned to Special Detachment 5891, MACV, from 20 March 1966 through 6 March 1967
*  item 41 (Awards and Decorations), he was awarded or authorized the –

* Bronze Star Medal
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* CIB
* Marksman Marksmanship Qualification Badge with Rifle Bar
* one Overseas Service Bar

5.  Special Orders (SO) Number 255, issued by MACV on 14 September 1966, awarded him the CIB.

6.  GO Number 786, issued by MACV on 26 April 1967, awarded him the ARCOM with "V" Device for heroism in the RVN on 23 February 1967.

7.  His DD Form 214 shows he was honorably released from active duty on         1 September 1967 and transferred to the U.S. Army Reserve.  He had completed 1 year, 11 months, and 29 days of net active service this period that included     11 months and 21 days of foreign service.  It also shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the –

* Bronze Star Medal 
* National Defense Service Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* VSM
* RVN Campaign Medal with Device (1960)
8.  A review of his military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

9.  SO Number 293, issued by Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY on 20 October 1965, awarded him the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.

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

	a.  The VSM is awarded to all members of the Armed Forces of the United States for qualifying service in the RVN 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.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during his service in the RVN, participation credit was awarded for the following campaigns –

* Vietnam Counteroffensive (25 December 1965 – 30 June 1966)
* Vietnam Counteroffensive, Phase II (1 July 1966 – 31 May 1967)

11.  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 Headquarters, United States MACV and its subordinate units were cited for award of the RVN Gallantry Cross with Palm Unit Citation, for the period 8 February 1962 to 28 March 1973, in Department of the Army General Orders Number 8, 1974.
	
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he was awarded the ARCOM with "V" Device and the CIB.

2.  The evidence of record shows:

   a.  general orders awarded him the ARCOM with "V" Device; 

   b.  general orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation;



   c.  special orders awarded him the CIB and the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar; and
   
   d.  he qualified for award of the VSM and he participated in two campaigns during his service in the RVN; thus, he is entitled two bronze service stars for wear on his previously-awarded VSM.
   
3.  In view of the foregoing, it would be appropriate to correct the applicant's 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.  deleting from item 24 of his DD Form 214:  "Vietnam  Service Medal" and

	b.  adding to item 24 of his DD Form 214 the –

* Army Commendation Medal with "V" Device
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar



      _______ _   _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)                                         AR20140001324



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ABCMR Record of Proceedings (cont)                                         AR20140001324



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