IN THE CASE OF:	  

		BOARD DATE:	 28 August 2014 

		DOCKET NUMBER:  AR20140001843 


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 issuance of a DD Form 215 (Correction to DD Form 214) correcting his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Commendation Medal (ARCOM) and the Valorous Unit Award (VUA).

2.  He states he believes that he should have the ARCOM and VUA and that orders may have come in after he was discharged.  He saw that his old unit received the VUA for a period during which he was a member of the unit.

3.  He provides his DD Form 214, orders, and five exhibits identified in a list. 

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.  On 19 June 1967, the applicant enlisted in the Regular Army.  

3.  His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments):

* he was assigned to duty in Vietnam with Headquarters and Headquarters Troop, 1st Squadron, 10th Cavalry, 4th Infantry Division, from 7 May 1969 to 2 April 1970
* where recorded, he received either "unknown" or "excellent" conduct and efficiency ratings

4.  On 18 March 1970, Headquarters, 4th Infantry Division, issued General Orders Number 1596 announcing award of the ARCOM to the applicant for meritorious service during the period April 1969 to April 1970.  

5.  On 6 April 1970, he was honorably released from active duty as a specialist five (SP5)/pay grade E-5 after completing 2 years, 9 months, and 18 days of total active service.  His DD Form 214 shows he was awarded or authorized the following:

* National Defense Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Vietnam Service Medal (VSM)
* two Overseas Service Bars
* RVN Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar

6.  His record is void of documentation showing he was the subject of any disciplinary action during his active duty service.  There is also no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal (AGCM).

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows 1st Squadron, 10th Cavalry, was cited for award of the:

* VUA for the period 8 to 29 May 1969, by Department of the Army General Order (DAGO) Number 43, dated 1970
* RVN Gallantry Cross with Palm Unit Citation (less Troop C and Troop D) for the period October 1966 to 28 July 1969, by DAGO 3, dated 1970
* RVN Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 14 November 1970, by DAGO 52, dated 1971

8.  Department of the Army Pamphlet 672-3 states not more than one RVN Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.  Ratings of “unknown” for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the VSM for each credited campaign listed in appendix B.  His service in Vietnam coincided with three campaigns:  

* Tet 69/Counteroffensive (23 February to 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June to 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 to 30 April 1970)

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the ARCOM to the applicant.  Therefore, he is entitled to correction of his DD Form 214 to show this award.  

2.  He served in 1st Squadron, 10th Cavalry during a period for which the unit was cited for award of the VUA and cited twice for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show the VUA and two awards of the RVN Gallantry Cross with Palm Unit Citation.

3.  He received "excellent" conduct and efficiency ratings during his service, he was promoted to SP5/E-5, and there is no record of any disciplinary action taken against him.  There is also no evidence of a commander's disqualification for award of the AGCM.  Based on his overall record of service, it appears that an administrative error occurred resulting in the applicant not being recommended 
for or awarded the first award of the AGCM.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 19 June 1967 through 6 April 1970 and to correct his DD Form 214 to show this award.

4.  He was awarded the VSM and he participated in three campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on his previously-awarded VSM.

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.  awarding him the AGCM (1st Award) for the period 19 June 1967 through 6 April 1970, and

	b.  issuing a DD Form 215 correcting his DD Form 214 by deleting the VSM and RVN Gallantry Cross with Palm Unit Citation and adding the – 

* ARCOM
* AGCM (1st Award)
* VSM with three bronze service stars
* VUA
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)



      _______ _   _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)                                         AR20140001843





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140001843



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1