BOARD DATE:	  30 September 2014

		DOCKET NUMBER:  AR20140001631 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded/authorized:

* two Army Commendation Medals (ARCOM)
* Expert Marksmanship Qualification Badge
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  He states that he requested copies of his military records from the National Personnel Records Center (NPRC) and discovered these awards were missing from his DD Form 214.

3.  He provides:

* DD Form 214, effective 11 June 1971
* DA Form 20 (Enlisted Qualification Record)
* Special Orders (SO) Number 161, dated 10 August 1967
* General Orders (GO) Number 1248, dated 19 April 1969
* SO Number 235, dated 5 December 1969
* GO Number 100, dated 17 May 1971
* Amendment to Orders, dated 28 May 1971 with endorsement
* GO Number 111, dated 2 June 1971
* DA Form 1577 (Authorization for Issuance of Awards), dated 25 April 1983
* NPRC letter, dated 25 November 2013
* Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) extract

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.  His records show he enlisted the Regular Army on 13 June 1967 and held military occupational specialty 31J (Teletype Equipment Repairman).  He served in the Republic of Vietnam (RVN) from 26 June 1968 to 25 June 1969 while assigned to the following units:

* Headquarters and Headquarters Company (HHC), 313th Radio Research (RR) Battalion, from 4 July 1968 to 3 September 1968
* 374th RR Company, 4th Infantry Division, from 4 September 1968 to 
20 June 1969

3.  Item 29 (Qualification in Arms) of his DA Form 20 shows he was qualified Expert with the M-16 rifle on 1 May 1968 and qualified Sharpshooter with the 
M-14 rifle on 20 July 1967.

4.  His military personnel records contain the following GO:

	a.  GO Number 1248, dated 19 April 1969, issued by Headquarters, 4th Infantry Division, RVN, awarding him the ARCOM for meritorious service for the period June 1968 to June 1969;

	b.  GO Number 100, dated 17 May 1971, issued by the U.S. Army Security Agency (USASA), Arlington Hall Station, Arlington, VA, awarding him the ARCOM for the period 7 August 1969 to 3 May 1971; and

	c.  GO Number 111, dated 2 June 1971, issued by the USASA, Vint Hill Farms Station, Warrenton, VA, as amended by GO Number 100 to show he was awarded the ARCOM with First Oak Leaf Cluster.

5.  On 11 June 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group.  His DD Form 214 shows he completed a total of 3 years, 11 months, and 29 days of active service.  He was awarded or authorized the:

* National Defense Service Medal
* Army Good Conduct Medal
* Vietnam Service Medal
* RVN Campaign Medal
* ARCOM
* RVN Gallantry Cross with Palm Unit Citation

6.  The applicant provides:

	a.  A DA Form 1577 completed by the Reserve Components Personnel and Administration Center, St. Louis, MO, dated 25 April 1983.  This document shows the applicant was authorized additional awards to include the RVN Civil Actions Honor Medal First Class Unit Citation.

	b.  An extract from Army Regulation 672-3 which shows that the "374th (RR) Detachment" was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1967 - 31 October 1969, by Department of the Army General Orders (DAGO) Number 53, dated 1970 and the Meritorious Unit Commendation for the period 1 June 1967 - 30 June 1968 by DAGO Number 28 dated 1969.

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, he participated in the following five campaigns:

* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive (23 February - 9 June 1969)
* Vietnam Summer-Fall 1969 (9 June - 31 October 1969)
8.  Department of the Army Pamphlet 672-3 shows unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows that during his period of assignment with:
   
   a.  HHC, 313th RR Battalion, the unit was awarded the Meritorious Unit Commendation, for the period 1 July 1968 - 30 June 1969, by DAGO Number 51, dated 1971; and
   
   b.  374th RR Company, the unit was awarded the Meritorious Unit Commendation, for the period 1 July 1968 - 30 June 1969, by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  GOs awarded him two ARCOMs during his period of service.  Therefore, it would be appropriate to correct his DD Form 214 to show the ARCOM with Oak Leaf Cluster.

2.  He participated in five campaigns while serving in Vietnam.  Therefore, he is authorized a silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this award.

3.  GOs awarded each of his units in the RVN the Meritorious Unit Commendation.  Therefore, he is entitled to correction of his DD Form 214 to show the Meritorious Unit Commendation (2nd Award).

4.  SOs awarded him the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  It would be appropriate to add these badges to his DD Form 214.

5.  The evidence provided by the applicant shows that the "374th RR Detachment" was awarded the RVN Civil Action Honor Medal First Class Unit Citation; however, his record is void of documentation showing that he was assigned to this specific detachment.  His record shows he was assigned to the "374th (RR) Company."

6.  In view of the foregoing his DD Form 214 should be corrected as recommended below.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  __X______  _X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  deleting from his DD Form 214 the:

* Vietnam Service Medal
* Army Commendation Medal

	b.  adding to his DD Form 214 the:

* Army Commendation Medal with one Oak Leaf Cluster
* Meritorious Unit Commendation (2 Awards)
* Vietnam Service Medal with 1 silver service star
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar 
(M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  The Board further determined that 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 the RVN Civil Actions Honor Medal First Class 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)                                         AR20140001631





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ABCMR Record of Proceedings (cont)                                         AR20140001631



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