IN THE CASE OF:	  

		BOARD DATE:	  8 October 2014

		DOCKET NUMBER:  AR20140002575 


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 he was awarded the Army Commendation Medal (ARCOM), Parachutist Badge, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states he has the certificates for the awards.

3.  The applicant provides copies of an ARCOM Certificate and a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service). 

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 Army of the United States and entered active duty on 16 September 1969, completed training, and was awarded the military occupational specialty 13A (Field Artillery Basic). 

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

   a.  he was advanced to the rank/grade of specialist four/E-4;
    
   b.  he served in Vietnam from 14 February 1970 through 18 April 1971 and during that period of service he was assigned to Battery B, 7th Battalion, 15th Field Artillery Regiment;
    
   c.  his conduct and efficiency ratings were “excellent”;
    
4.  He was honorably released from active duty on 19 April 1971 after completing 1 year, 7 months, and 4 days of creditable active service with no lost time.  His          DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

5.  The ARCOM Certificate he provided, dated 11 March 1971, shows he was awarded the medal for meritorious service in Vietnam from 14 February 1970 through 19 April 1971.  His record does not contain orders that show he was awarded the ARCOM.

6.  Army Regulation 600-8-22 (Military Awards) provides that the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required (emphasis added).

7.  His record does not contain documentation that shows he completed parachute training or was awarded the Parachutist Badge while on active duty.  The NGB Form 22 he provided, for the period ending 4 March 1980, shows he was awarded or authorized the Parachutist Badge; however, it does not show the year or date he completed the basic Airborne Course.  

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while he was assigned to the 7th Battalion, 15th Field Artillery, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

9.  His record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Army Good Conduct Medal.

10.  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, 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 Regulation 600-8-22 provides that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on his dates of service in Vietnam, he participated during the following three campaign periods:  

* Vietnam Winter–Spring 1970 (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he was awarded the ARCOM, Parachutist Badge, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant served honorably on active duty from 16 September 1969 through 19 April 1971.  He distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, and his advancement to pay grade E-4.  His record contains no indication of any disqualifying incidents or recommendations.  Therefore, it would be appropriate to award him the Army Good Conduct Medal for his period of service from 16 September 1969 through 19 April 1971 and to correct his DD Form 214 to show it. 

3.  He served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Medal.  Therefore, it would be appropriate to correct his DD Form 214 to show these accouterments. 

4.  In addition to the awards shown on the DD Form 214, he is authorized to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to add this unit award to his DD Form 214.

5.  His record is void of official orders that awarded him the ARCOM.  Without an official source document such as the award orders to verify his entitlement to the ARCOM, there is insufficient evidence to include this award on his DD Form 214.

6.  His NGB Form 22 shows he was awarded or authorized the Parachutist Badge; however, there is no evidence as to when he completed the basic Airborne Course.  Therefore, there is no evidence that shows he was qualified for this badge during his period of active duty.  Barring further clarifying documentation, there is insufficient evidence to include this award on his          DD Form 214. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

___x____  ___x____  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  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.  awarding him the Army Good Conduct Medal (1st Award) for his period of service from 16 September 1969 through 19 April 1971; and

	b.  	amending his DD Form 214 to delete the Vietnam Service Medal and add the Army Good Conduct Medal (1st Award), the Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 correcting his DD Form 214 to show he was awarded or authorized the ARCOM or the Parachutist Badge.  



      _______ _   _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)                                         AR20140002575



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ABCMR Record of Proceedings (cont)                                         AR20140002575



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