BOARD DATE:	  7 October 2014

		DOCKET NUMBER:  AR20140003851 


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) with "V" Device.

2.  The applicant states the ARCOM with "V" Device was never entered on his DD Form 214.

3.  The applicant provides copies of:

* DD Form 214
* General Orders Number 6539, issued by Headquarters, 25th Infantry Division on 21 September 1968

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 11 April 1967, the applicant was inducted into the Army of the United States.  He was trained as a light weapons infantryman.

3.  Records show he qualified as a sharpshooter with the M-14 rifle while in basic combat training at Fort Gordon, GA.

4.  On 18 August 1967, he departed Fort Jackson, SC for duty in the Republic of Vietnam (RVN).

	a.  On 22 September 1967, he was assigned as a rifleman with Company B, 3rd Battalion, 22nd Infantry Regiment, 25th Infantry Division.

	b.  On 29 October 1967, he was reassigned as a rifleman within the battalion to Headquarters and Headquarters Company.

	c.  On 12 February 1968, he was advanced to the rank/grade of specialist four (SP4)/E-4.

	d.  On 6 September 1968, he departed the RVN for duty at Fort Bragg, NC.

	e.  General Orders Number 6539, issued by Headquarters, 25th Infantry Division on 21 September 1968, announced his award of the ARCOM with "V" Device for heroism in connection with military operations against a hostile force on 12 April 1968.

5.  On 10 April 1969, 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:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960) 
* 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 no evidence of any disciplinary action and there is no evidence that shows his commander took any action to deny him the Army Good Conduct Medal (AGCM).

7.  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.

8.  Army Regulation 600-8-22 (Military Awards), Appendix B shows, that based on the applicant's dates of service in the RVN, he is authorized to wear a bronze service star on his Vietnam Service Medal for participation in each of the following four campaign periods:

* Vietnam Counteroffensive, Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive, Phase IV
* Vietnam Counteroffensive, Phase V

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 3rd Battalion, 22nd Infantry Regiment, during the time of the applicant's assignment, was cited in:

* Department of the Army General Orders (DAGO) Number 42, dated in 1969, for award of the Valorous Unit Award
* DAGO Number 48, dated in 1971, for award of the RVN Gallantry Cross with Palm Unit Citation
* DAGO Number 51, dated in 1971, for award of the RVN Civil Actions Honor Medal First Class Unit Citation

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he was awarded the ARCOM with "V" Device.  General orders show he was awarded the ARCOM with "V" Device, which is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show this individual award.

2.  His unit was cited in general orders for award of the Valorous Unit Award, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation.   These unit awards are not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show these unit awards.

3.  His record shows he distinguished himself in the performance of his military service, as evidenced by his attaining the rank of SP4, by receiving a personal decoration for valor, and by achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an AGCM for his service was an oversight.  Accordingly, he should be awarded this medal and his DD Form 214 should be corrected to show it.

4.  Records show he participated in four campaign periods during his service in the RVN.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  Records show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  This marksmanship badge is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show this badge.

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 11 April 1967 to 10 April 1969; and

	b.  showing, in addition to the awards already-shown on his DD Form 214, that his awards include:

* Army Commendation Medal with "V" Device
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars


* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar





      __________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)                                         AR20140003851



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