BOARD DATE:	  16 October 2014

		DOCKET NUMBER:  AR20140004372 


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) (4th Award).

2.  The applicant states his DD Form 214 does not reflect the fact that he received four awards of the ARCOM when he was stationed in Vietnam.  He recently received a copy of his personnel records from the National Personnel Records Center (NPRC) and discovered this error.

3.  The applicant provides copies of the following:

* DD Form 214
* DD Form 215 (Correction to DD Form 214, Report of Separation from Active Duty)
* General Orders (GO) Number 5685, issued by Headquarters, 1st Aviation Brigade on 4 November 1969
* GO Number 1858, issued by Headquarters, 1st Aviation Brigade on        27 March 1970
* GO Number 2343, issued by Headquarters, 1st Aviation Brigade on        13 April 1970
* GO Number 629, issued by Headquarters, 1st Signal Brigade (U.S. Army Strategic Command (USASTRATCOM)) on 19 March 1971



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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 20 September 1968.  He was awarded military occupational specialty 72B (communications center specialist).  He served in Vietnam from 8 March 1969 through 23 April 1971 during five campaigns in which he was assigned to:

* Headquarters and Headquarters Company (HHC), 1st Aviation Brigade, from 13 March 1969 to 6 May 1970
* Communications Center Company, Signal Support Agency, from 7 May 1970 to 19 April 1971

3.  Headquarters, 1st Aviation Brigade, issued the following:

* GO Number 5685 on 4 November 1969, which announced his award of the ARCOM for meritorious achievement in connection with military operations against a hostile force in Vietnam from 1 August 1969 through 31 October 1969
* GO Number 1858 on 27 March 1970, which announced his award of the ARCOM for meritorious service in connection with military operations against a hostile force in Vietnam from March 1969 through March 1970
* GO Number 2343 on 13 April 1970, which announced his award of the ARCOM (1st Oak Leaf Cluster (OLC)) for meritorious service in connection with military operations against a hostile force in Vietnam from March 1969 through April 1970
* GO Number 3134 on 4 May 1970, which announced the revocation of GO Number 2343

4.  Headquarters, 1st Signal Brigade (USASTRATCOM), issued GO Number 629 on 19 March 1971, which announced his award of the ARCOM (2nd OLC) for meritorious service in Vietnam from 23 April 1970 through 16 March 1971.
5.  He was released from active duty on 24 April 1971.  His DD Form 214 shows he was awarded or authorized the:

* ARCOM (1st OLC)
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists all the awards listed on his DD Form 214, in addition to the ARCOM with 2nd OLC, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  On 18 July 1974, he was issued a DD Form 215 that corrected item 22c (Foreign and/or Sea Service) of his DD Form 214 to show he completed 2 years, 1 months, and 16 days of foreign service.

8.  Army Regulation 600-8-22 (Military Award) states a bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation.  A silver service star denotes five bronze service stars.

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, HHC, 1st Aviation Brigade, was cited for the:

* Meritorious Unit Commendation, for the period 1 July 1969 through 26 March 1971, by DAGO Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 January 1969 through 30 September 1970, by DAGO Number 6, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  GO awarded him the ARCOM on 3 separate occasions during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show the ARCOM (3rd Award).

2.  The evidence shows he was awarded the ARCOM on 4 occasions during his service in Vietnam; however, 1 of those awards was made for a period of service already recognized by a previous ARCOM award.  Therefore, those orders were revoked, thereby invalidating the award.  Accordingly, he is not entitled to correction of his DD Form 214 to show he was awarded the ARCOM (4th Award).

3.  He served in Vietnam during five campaigns; therefore, he is entitled to award of one silver service star to be added to his already-awarded Vietnam Service Medal and correction to his DD Form 214 to show this service star.

4.  He was awarded the Expert Marksmanship Qualification Badge with Rifle   (M-16) and Sharpshooter Qualification Badge with Rifle (M-14) during his period of service.  Therefore, his DD Form 214 should be correction to show these badges.

5.  GO awarded his unit the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit 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:

* amending his DD Form 214 to delete the Vietnam Service Medal and ARCOM (1st OLC)
* amending his DD Form 214 to add the:

* ARCOM (3rd Award)
* Vietnam Service Medal with one silver service star
* Expert Marksmanship Qualification Badge with Rifle (M-16)
* Sharpshooter Qualification Badge with Rifle (M-14)
* Meritorious Unit Commendation
* 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 the ARCOM (4th Award).




      __________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)                                         AR20140004079



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ABCMR Record of Proceedings (cont)                                         AR20140004372



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