BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140006763 


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 reflect his Republic of Vietnam (RVN) service and any awards he is entitled to include the Army Commendation Medal (ARCOM).

2.  The applicant states that though his DD Form 214 shows his foreign service it does not list any decorations, medals, or awards he received.

3.  The applicant provides:

* Headquarters, 25th Infantry Division Special Orders Number 230
* Headquarters, U.S. Army Artillery and Missile Center and Fort Sill Special Orders Number 170
* ARCOM 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.  On 21 November 1967, he was inducted into the Army of the United States.  He was awarded military occupational specialty 71T (Maintenance Data Specialist).  He attained the rank of specialist five/pay grade E-5.

3.  He was assigned to the RVN on 26 August 1968 and performed duties as a mechanic helper and equipment records clerk while assigned to Headquarters and Headquarters Troop, 3d Squadron, 4th Cavalry, 25th Infantry Division, during the period 5 September 1968 to on or about 23 August 1969.

4.  His DA Form 20 (Enlisted Qualification Record) shows in item 41 (Awards and Decorations) that he was awarded or authorized the following which are not listed on his DD Form 214:

* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  On 23 August 1969, he was honorably released from active duty.  He completed 1 year, 9 months, and 3 days of creditable active service with 11 months and 27 days of foreign service.  His DD Form 214 shows he was awarded the National Defense Service Medal.

6.  He submits a citation for an ARCOM for the period August 1968 to August 1969.

7.  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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the ARCOM pertaining to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
9.  A review of his record indicates entitlement to additional awards not listed in his records.

10.  His records are void of any orders or other documents that indicate he was awarded the AGCM by proper authority.  He received all "excellent" conduct and efficiency ratings throughout his service.  There are no adverse actions recorded in the applicant's available records or any record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the AGCM.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the AGCM.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year.

12.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with the following campaigns:

* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive (23 February-8 June 1969)
* Vietnam Summer - Fall 1969 (9 June-31 October 1969)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows 3d Squadron, 4th Cavalry, was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 1 January-31 March 1969.

14.  Army Regulation 635-5 (Separation Documents) at the time established standardized policy for the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  The version of this regulation in effect in 1969 did not provide for an entry specifying an individual had served in Vietnam.  An interim change to Army Regulation 635-5, dated 15 December 1971, stated to indicate Indochina and Korea service performed on or after 5 August 1964 in the Remarks section of the DD Form 214 by entering inclusive dates of service for Vietnam and indicating "Yes" or No" for service in Indochina and Korea.  To show Vietnam service only, e.g., enter "Vietnam – 25 Apr 71 thru 28 May 71, Indochina – Yes, Korea – No."

DISCUSSION AND CONCLUSIONS:

1.  He completed a period of qualifying service ending with the termination of a period of active Federal military service.  Records show he received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the AGCM.  The fact he attained the rank of specialist five depicts his actions and service as honorable.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 21 November 1967 through 23 August 1969 and to add this award to his DD Form 214.

2.  He was awarded the VSM and he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded VSM with four bronze service stars.

3.  He was awarded the RVN Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  His unit was awarded the RVN Gallantry Cross with Palm Unit Citation for a period that coincided with his service with that unit in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  His record shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to have his DD Form 214 corrected to show these qualification badges.

6.  In accordance with the regulation governing preparation of the DD Form 214 in effect at the time his DD Form 214 was prepared for his active duty service there is no error with respect to specifically showing his Vietnam service on his DD Form 214.  However, later versions of this regulation required that the inclusive dates of service in Vietnam performed on or after 5 August 1964 would be listed in the remarks section of the form.  Therefore, there would be no harm in adding to item 30 of his DD Form 214 the entry:  "Vietnam – 26 August 1968 – 23 August 1969." 

7.  He provides a copy of an ARCOM Citation.  Unfortunately, possession of an award citation does not automatically confer entitlement to an award.  Absent orders which awarded him this medal or official documentation confirming that such orders were published, there is an insufficient basis upon which to correct his DD Form 214 to show award of the ARCOM.

8.  In view of the foregoing, he is entitled to have his records corrected as recommended below.

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:

	a.  awarding him the AGCM (1st Award) for the period 21 November 1967 through 23 August 1969;

	b.  adding to his DD Form 214 the:

* AGCM (1st Award)
* VSM with four bronze service stars
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

   c.  adding to item 30 of his DD Form 214 the entry:  "Vietnam – 26 August 1968 – 25 August 1969."



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 adding the ARCOM to his DD Form 214.




      _______ _   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)                                         AR20140006763



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ABCMR Record of Proceedings (cont)                                         AR20140006763



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