IN THE CASE OF:  	  

		BOARD DATE:  12 November 2014	  

		DOCKET NUMBER:  AR20140005015 


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 award of the Purple Heart (PH) and three awards of the Army Commendation Medal (ARCOM) 
(i.e., ARCOM (2nd Oak Leaf Cluster (OLC)).

2.  The applicant states he is not certain why the awards were not recorded on his DD Form 214.

3.  The applicant provides copies of his PH orders and certificate, three ARCOM certificates, and two ARCOM citations.

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 (RA) on 15 January 1963.  He was awarded military occupational specialty 640.00 (Light Vehicle Driver).  

3.  A DD Form 214 shows he was honorably discharged on 4 November 1964 to reenlist in the RA.  He had completed 1 year, 9 months, and 20 days of total active service.  It also shows in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Expert Marksmanship Qualification Badge with (M-1) Rifle Bar.

4.  The applicant reenlisted in the RA on 5 November 1964.

5.  His DA Form 20 (Enlisted Qualification Record) shows in –

* item 31 (Foreign Service) – 

* Korea from 8 June 1963 through 29 June 1964
* Vietnam from 21 December 1965 through 20 December 1966

* item 38 (Record of Assignments):  Company A, 1st Supply and Transportation Battalion, effective 17 January 1966
* item 40 (Wounds):  Lacerations of Face and Possible Dislocated Shoulder, 27 January 1966

6.  Headquarters, 1st Infantry Division (Republic of Vietnam (RVN)), General Orders (GO) awarded the applicant awards and decorations as follows –

* GO Number 205, dated 4 February 1966 – the PH for wounds received in action on 27 January 1966
* GO Number 416, dated 11 March 1966 – the ARCOM for meritorious achievement on 27 January 1966
* GO Number 2658, dated 27 April 1967 – the ARCOM (1st OLC) for meritorious service from February 1966 to November 1966
* GO Number 1106, dated 8 February 1967 – the ARCOM (2nd OLC) for meritorious achievement from 5 November 1966 to 23 November 1966

7.  A DD Form 214 shows the applicant entered active duty this period on
5 November 1964 and he was discharged under honorable conditions on 
16 March 1976.  He had completed 3 years, 2 months, and 20 days of net active service this period and he had 1 year, 9 months, and 20 days of prior active service.  It also shows in item 26 the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.


8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between
1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to reveal any additional award orders pertaining to the applicant.

9.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

10.  Headquarters, 3rd Training Regiment Infantry, U.S. Army Training Center, Fort Gordon, GA, Special Orders (SO) awarded the applicant marksmanship qualification badges as follows –

* SO Number 70, dated 25 April 1963 – the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar
* SO Number 82, dated 16 May 1963 – the Second Class Gunner  Marksmanship Qualification Badge with (M-60) Machinegun Bar

11.  Headquarters, 1st Infantry Division, Fort Riley, KS, SO Number 91, dated 
14 April 1965, awarded the applicant the Expert Marksmanship Qualification Badge with (M-14) Rifle Bar.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows that the 1st Supply and Transportation Battalion was cited in Department of the Army General Orders (DAGO) for award of the –

* Meritorious Unit Commendation (MUC) from –

* October 1965 to June 1966 in DAGO Number 17, 1968
* 1 November 1966 to 30 June 1967 in DAGO 17, 1968
* RVN Gallantry Cross with Palm Unit Citation from 12 July 1965 to
16 October 1968 in DAGO Number 21, 1969
* RVN Civil Actions Honor Medal First Class Unit Citation from October 1965 to 7 April 1970 in DAGO Number 50, 1973

13.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.
   
   a.  Paragraph 2-13 states an OLC is awarded to denote the second and each succeeding award of certain decorations, among which includes the ARCOM and the MUC.
	b.  The National Defense Service Medal (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 Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.
   
	d.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following campaigns –

* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)

	e.  The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea (ROK).  The area of eligibility encompasses all land area of the ROK and the contiguous water out to 12 nautical miles and all air space above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days.

	f.  The RVN Campaign Medal (RVNCM) 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.

	g.  The Marksmanship Qualification Badge is awarded to indicate the degree (Expert, Sharpshooter, and Marksman) in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the PH and the ARCOM (2nd OLC).

2.  The evidence of record shows:

   a.  GOs awarded the applicant the –

* PH
* ARCOM (2nd OLC)

   b.  the applicant qualified for award of the –

* NDSM
* KDSM
* RVNCM with Device (1960)

   c.  the applicant also qualified for award of the VSM and he participated in three campaigns during his service in Vietnam.  Thus, he is authorized the VSM with three bronze service stars.

	d.  GOs awarded the applicant's unit the –

* MUC (1st OLC)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

   e.  he was authorized or awarded the –

* Expert Marksmanship Qualification Badge with (M-1, M-14, and M-16) Rifle Bar
* Second Class Gunner (Sharpshooter) Marksmanship Qualification Badge with (M-60) Machinegun Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar

3.  Therefore, in view of all of the foregoing, it would be appropriate to correct the applicant's last DD Form 214 to show his awards and decorations, as recommended below.









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 deleting the badge listed in item 26 of his 16 March 1976 DD Form 214 and adding the following awards –

* Purple Heart
* Army Commendation Medal (2nd Oak Leaf Cluster)
* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* Korea Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation (1st Oak Leaf Cluster)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with (M-1, M-14, and M-16) Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with (M-60) Machinegun Bar
* Marksman Marksmanship Qualification Badge with Automatic 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)                                         AR20140005015



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ABCMR Record of Proceedings (cont)                                         AR20140005015



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