IN THE CASE OF:	  

		BOARD DATE:	  12 November 2014

		DOCKET NUMBER:  AR20140002863 


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 or authorized the Army Commendation Medal (ARCOM) and the Republic of Vietnam (RVN) Campaign Medal with Device (1960).

2.  The applicant states these medals were left off his DD Form 214 at the time of his discharge.

3.  The applicant provides his DD Form 214, effective 24 May 1966, and ARCOM Citation.

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 on 5 June 1964 and upon the completion of his initial training he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His military records contain Headquarters, United States Army Vietnam, General Orders Number 3608, dated 10 June 1966, awarding him the ARCOM for meritorious service in the RVN.

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

	a.  item 31 (Foreign Service) that he received overseas tour credit for service in Vietnam from 8 July 1965 to 24 May 1966;

	b.  item 38 (Record of Assignments) that he was assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion (Airborne), 327th Infantry during his service in Vietnam; and

	c.  item 38 that he received "excellent" conduct and efficiency ratings for all periods of service except one for which he received "unknown" ratings.  There is no evidence of any derogatory or disciplinary actions against the applicant or 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).

5.  He was honorably released from active duty on 24 May 1966.  He completed 1 year, 11 months, and 20 days of active service during this period.  His DD Form 214 shows he was awarded or authorized the:

* Vietnam Service Medal (VSM)
* Combat Infantryman Badge
* Parachutist Badge

6.  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; for 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.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.


7.  Army Regulation 600-8-22 (Military Awards) provides that:

	a.  The National Defense Service Medal (NDSM) was awarded for honorable active service for any period between 1 January 1961 and 14 August 1974, inclusive.

	b.  The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in the RVN during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the RVN for 6 months or more.  

	c.  Paragraph 2-13 contains the regulatory guidance on the VSM.  It states that 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, the applicant participated in the following two campaigns:

* Vietnam Defense (8 March 1965 to 24 December 1965)
* Vietnam Counteroffensive Phase (25 December 1965 to 30 June 1966)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists unit awards received by units serving in the RVN.  This publication shows that the 2nd Battalion, 327th Infantry, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 17, dated 1968 (amended by DAGO 1, dated 1969), for award of the:

* Valorous Unit Award (VUA)
* Meritorious Unit Commendation (MUC)

9.  DAGO 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the ARCOM, his service in the RVN qualified him for the RVN Campaign Medal with Device (1960), and he served during a qualifying period for award of the NDSM; therefore, his records should be corrected to show these awards.
2.  The record shows he received "excellent" conduct and efficiency ratings for each duty assignment with the exception of a period of "unknown" ratings which were not disqualifying.  There is no record of a commander's disqualification for award of the AGCM.  Therefore, it would be appropriate to award this medal for the period from 5 June 1964 to 24 May 1966 and add it to his DD Form 214.

3.  His unit in Vietnam was cited for award of the VUA and the MUC.  All units in Vietnam were cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  Records show he participated in two campaigns that entitled him to two bronze service stars for wear on his already-awarded VSM.  Therefore, his 
DD Form 214 should be corrected to show these bronze service stars.

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 his DD Form 214 the VSM;

	b.  awarding him the AGCM (1st Award) for the period 5 June 1964 through 24 May 1966; and 

	c.  adding to his DD Form 214 the:
* ARCOM
*	AGCM (1st Award)
* NDSM
* VUA
* MUC
*	VSM with two bronze service stars
* RVN Campaign Medal with Device (1960)
*	RVN Gallantry Cross with Palm 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)                                         AR20140002863





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ABCMR Record of Proceedings (cont)                                         AR20140002863



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