IN THE CASE OF:	  

		BOARD DATE:	  30 October 2014

		DOCKET NUMBER:  AR20140005599 


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 or authorized the:

* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge (CIB)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16), Grenade Bar, and Mortar Bar
* unit awards

2.  The applicant states:

* it was an oversight on his part and clerical errors occurred due to incomplete documentation
* he left Vietnam in 1970 and there was a big push at the time to get troops back home for Christmas
* the unit he served most of his tour with was redeployed to Hawaii
* he did not have enough time in country to go home with his unit so he was reassigned to the 1st Cavalry Division (Airmobile) on 25 October 1970

3.  The applicant provides:

* Special Orders Number 68, issued by Headquarters, 25th Infantry Division on 9 March 1970
* Special Orders Number 300, issued by Headquarters, 25th Infantry Division on 27 October 1970
* Special Order Number 348, issued by Headquarters, 1st Cavalry Division (Airmobile) on 14 December 1970
* General Orders Number 21723, issued by Headquarters, 1st Cavalry Division (Airmobile) on 16 December 1970
* Special Orders Number 149, issued Headquarters, 1st Brigade, 25th Infantry Division on 21 June 1971
* DA Form 20 (Enlisted Qualification Record)

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 29 August 1969.

3.  On 27 January 1970, he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice, for being absent without leave from on or about 24 January 1970 until on or about 25 January 1970.

4.  He served in Vietnam from 29 January 1970 to 19 December 1970.  His service coincided with three campaigns.  While in Vietnam, he was assigned to:

* Company E, 2nd Battalion, 14th Infantry Regiment, 25th Infantry Division, from 7 February 1970 to 30 November 1970
* Company A, 15th Supply and Service Battalion, 1st Cavalry Division, from 1 December 1970 to on or about 15 December 1970

5.  His DA Form 20 shows in:

* item 29 (Qualification in Arms) – Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16), Grenade Bar, and Mortar Bar
* item 38 (Record of Assignments) – "excellent" conduct and efficiency ratings
* item 41 (Awards and Decorations), in part –

* VSM
* CIB
* Republic of Vietnam Campaign Medal with Device (1960)

6.  On 23 August 1971, he was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the Bronze Star Medal, the Army Commendation Medal, and the National Defense Service Medal.

7.  The applicant provided a copy of his DA Form 20, DD Form 214, and orders that awarded him the CIB, Bronze Star Medal, and Expert Marksmanship Qualification Badge with Mortar Bar.  He also provided orders assigning him to, and releasing him from, the 15th Replacement Detachment, 1st Cavalry Division.

8.  His records show he received all "excellent" conduct and efficiency ratings and are void of documentation showing he was awarded the Army Good Conduct Medal (AGCM).  There is no evidence of a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the AGCM.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards) states 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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  This pamphlet shows the:

* 2nd Battalion, 14th Infantry Regiment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 in Department of the Army General Orders Number (DAGO) 5, dated 1973
* 15th Supply and Service Battalion was cited for award of the Meritorious Unit Commendation for the period 1 January to 31 December 1970 in DAGO 43, dated 1972
* 15th Supply and Service Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971 in DAGO 42, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  The applicant served a qualifying period in Vietnam during three campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show award of the VSM with three bronze service stars.

2.  He served a qualifying period in Vietnam for award of the Republic of Vietnam Campaign Medal with Device (1960); therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Special orders awarded the applicant the CIB; therefore, he is entitled to correction of his DD Form 214 to show this badge.

4.  He served honorably during the period 29 August 1969 through 23 August 1971.  He received "excellent" conduct and efficiency ratings throughout his period of service without a commander's disqualification.  Therefore, it would be appropriate to award him the AGCM (1st Award) and to correct his DD Form 214 to show this award.

5.  General orders awarded both units to which he was assigned the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  General orders also awarded the Meritorious Unit Commendation to one of his assigned units.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  Records show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16), Grenade Bar, and Mortar 

Bar.  Therefore, he is entitled to correction of his DD Form 214 to show this badge with appropriate bars.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 AGCM (1st Award) for the period 29 August 1969 through 23 August 1971; and

	b.  amending his DD Form 214 to add the following awards:

* AGCM (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)(M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Expert Marksmanship Qualification Badge with Mortar Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Meritorious Unit Commendation




      _____________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)                                         AR20140005599



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ABCMR Record of Proceedings (cont)                                         AR20140005599



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