BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140004366 


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 records to show award of the:

* Army Commendation Medal with "V" Device (ARCOM with "V" Device) instead of the ARCOM
* National Defense Service Medal (NDSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation (MUC)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

He also requests verification on whether his recommendation for award of the Silver Star was approved.

2.  The applicant states:

* his service with the 178th Signal Company during the period 1963 through 1964 is missing from his records
* his ARCOM should be listed as the ARCOM with "V" Device
* the requested medals were issued after he was discharged but he was still eligible for the time period
* he fought in the war, got sick from Agent Orange, and he wants his medals

3.  The applicant provides:

* memorandum, Subject:  Report of Action Taken upon Viet Cong Attack on 3 February 1964, dated 9 March 1964
* MUC Notification Letter, dated 11 February 1966
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* award criteria for the Republic of Vietnam Campaign Medal with Device (1960), NDSM, MUC, and Republic of Vietnam Gallantry Cross with Palm Unit 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 enlisted in the Regular Army on 12 December 1961.

3.  He served in Vietnam during the period 15 May 1963 through 24 April 1964 where he was assigned to the 178th Signal Company, 39th Signal Battalion.  

4.  Section 9 (Medals, Decorations, and Citations) of his DA Form 24 (Service Records) shows award of the:

* Marksman Marksmanship Qualification Badge with Rifle Bar
* Armed Forces Expeditionary Medal (AFEM)

5.  Headquarters, Military Assistance Advisory Group, Vietnam, General Orders Number 91, dated 1 April 1964, awarded the applicant the ARCOM with "V" Device for heroic action on 3 February 1964.

6.  On 11 December 1964, the applicant was honorably released from active duty.  His DD Form 214 shows award of the:

* ARCOM
* AFEM (Vietnam)
* Army Good Conduct Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

7.  The applicant provided a report of actions taken by personnel of Detachment 4, 178th Signal Company on 3 February 1964 while in Vietnam.  The report shows the applicant was awarded the ARCOM and in addition, he was recommended for award the Silver Star for heroism.

8.  The applicant also provided a copy of the notification to the Commanding Officer, 178th Signal Company of the unit's award of the MUC. 

9.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

10.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

	c.  The Republic of Vietnam 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.

12.  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 the 178th Signal Company was cited for award of the MUC for the period February 1962 through June 1965 in Department of the Army General Orders (DAGO) Number 3, dated 1966.

13.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the ARCOM with "V" Device for heroic action on the date for which he was recommended for award of the Silver Star; therefore, he is entitled to correction of his DD Form 214 to show the ARCOM with “V” Device.

2.  While the available evidence is insufficient for awarding the applicant the Silver Star, this in no way affects the applicant’s right to pursue his claim for the Silver Star by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

3.  General orders awarded the unit to which he was assigned while in Vietnam the MUC and Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The applicant served a qualifying period of service for award of the NDSM and the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show these awards.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  __X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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:

* deleting from his DD Form 214 the ARCOM 
* adding to his D Form 214 the:

*	ARCOM with "V" Device
*	NDSM
*	MUC
*	Republic of Vietnam Campaign Medal with Device (1960)
*	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 correction of his DD Form 214 to show award of the Silver Star.



      _________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)                                         AR20140004366



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ABCMR Record of Proceedings (cont)                                         AR20140004366



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