IN THE CASE OF:  	  

		BOARD DATE:  2 October 2014	  

		DOCKET NUMBER:  AR20140003578 


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 his authorized awards include:

* Bronze Star Medal (BSM)
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation

2.  The applicant states he is uncertain how the recognitions were not included on his DD Form 214.  He would like to wear and proudly display his awards without any questions regarding their validity.

3.  The applicant provides copies of:

* DD Form 214
* General Orders Number 5766, issued by Headquarters, 101st Airborne Division (Airmobile) on 9 July 1971
* an information sheet concerning the RVN Campaign Ribbon
* an information sheet showing the U.S. Army campaigns in the RVN
* an extract of Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register), consisting of its cover, page i, and page 77



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 5 February 1970, the applicant was inducted into the Army of the United States.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His record contains the following special orders (SO), issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, which announced his marksmanship qualifications:

* SO 82, issued on 23 March 1970, announced his award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* SO 117, issued on 27 April 1970, announced his award of the Expert Marksmanship Qualification Badge with Grenade Bar (M-79)
* SO 118, issued on 28 April 1970, announced his award of the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber)
* SO 139, issued on 19 May 1970, announced his award of the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar     (M-16)

4.  In June 1970, he departed Fort Lewis, WA for duty in the RVN.

	a.  On 30 July 1970, he was assigned as a grenadier with Company A, 1st Battalion, 12th Infantry Regiment, 4th Infantry Division.

	b.  General Orders Number 5249, issued by Headquarters, 4th Infantry Division on 19 October 1970, announced his award of the Army Commendation Medal (ARCOM) for meritorious achievement ending on 15 October 1970.

	c.  On 18 November 1970, he was assigned as a grenadier with Company B, 1st Battalion, 502nd Infantry Regiment.
	d.  General Orders Number 682, issued by Headquarters, 101st Airborne Division (Airmobile) on 19 January 1971, announced his award of the ARCOM for meritorious achievement ending on 31 December 1970.
	
	e.  On 12 March 1971, he accepted nonjudicial punishment (NJP) for missing formation on two consecutive days.

	f.  On 5 July 1971, he departed the RVN for duty at Fort Ord, CA.

	g.  General Orders Number 5766, issued by Headquarters, 101st Airborne Division (Airmobile) on 9 July 1971, announced his award of the BSM for meritorious service during the period July 1970 to July 1971.

5.  On 29 October 1971, he was released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he was awarded or authorized the:

* ARCOM
* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings were “excellent.”  His record contains documentation that shows he received NJP on at least one instance; however, there is no evidence of any other disciplinary action.  There is no evidence that shows his commander took any action to deny him the Army Good Conduct Medal (AGCM).

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

	a.  Appendix B of this regulation shows that based on the applicant's dates of service in the RVN, he participated in the following two campaign periods: the Vietnam Counteroffensive Phase VII and the Consolidation I.  This same regulation states that a bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign.

	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 Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

8.  DA PAM 672-3 lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows the 502nd Infantry Regiment, during the time of his assignment, was cited in Department of the Army General Orders (DAGO) Number 6, dated 1974, for award of the RVN Gallantry Cross with Palm Unit Citation.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his authorized awards include:

* BSM
* Vietnam Service Medal with 2 bronze service stars
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation

2.  General orders show he was awarded the BSM and two ARCOMs during his service in the RVN.  These awards should be added to his DD Form 214.

3.  Notwithstanding his acceptance of NJP for a minor infraction, he clearly distinguished himself in the performance of his military service by attaining the rank of specialist four, receiving multiple personal decorations, and achieving "excellent" conduct and efficiency ratings.  Therefore, the fact he was not awarded the AGCM during his period of military service is presumed to be an oversight.  Accordingly, he should be awarded this medal and it should be added to his DD Form 214.

4.  Records show he participated in two campaigns during his service in the RVN.  Therefore, he is eligible to wear two bronze service stars on his already-awarded Vietnam Service Medal.

5.  The available evidence shows he served a qualifying period of service for award of the RVN Campaign Medal with Device (1960).  Therefore, this medal should be added to his DD Form 214.

6.  Special orders show he was awarded the Expert Marksmanship Qualification Badge with Pistol and Grenade Bars and the Sharpshooter Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars.  Therefore, these marksmanship badges should be added to his DD Form 214.

7.  General orders awarded his unit of assignment in Vietnam the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his records should be corrected to show this foreign unit award.

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 Army Good Conduct Medal for the period 5 February 1970 to 29 October 1971;

	b.  amending his DD Form 214 to delete the ARCOM and the Vietnam Service Medal; and

	c.  amending his DD Form 214 to add the:

* Bronze Star Medal
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Pistol and Grenade Bars


* Sharpshooter Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars
* Republic of Vietnam 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)                                         AR20140003519



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ABCMR Record of Proceedings (cont)                                         AR20140003578



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