IN THE CASE OF:	  

		BOARD DATE:	  18 December 2014

		DOCKET NUMBER:  AR20140007239 


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 the following awards and their addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Presidential Unit Citation
* Army Good Conduct Medal
* Army Commendation Medal
* Republic of Vietnam Civil Actions Medal First Class Unit Citation
* Valorous Unit Award
* any other awards he is entitled to

2.  The applicant states he is requesting a review of his medals, awards, decorations, citations and correction of any omitted awards approved and awarded.  It is his belief that he has earned these awards and other awards unknown to him.

3.  The applicant provides copies of his DA Form 20 (Enlisted Qualification Record) and DD Form 214.

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 was inducted into the Army of the United States on 6 April 1967.  He was awarded military occupational specialty 11B (light weapons infantryman).

3.  Headquarters, Fort Polk, LA, issued the following special orders (SO):

* SO Number 129, on 20 May 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* SO Number 170, on 3 July 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* SO Number 176, on 10 July 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with MachineGun Bar (M-60)

4.  He served in Vietnam from 14 September 1967 through 17 August 1968, during four campaigns.  He was assigned to the following units:

* Company D, 2nd Battalion, 14th Infantry, 25th Infantry Division, from 21 September 1968 to 1 March 1968
* Company B, 25th Supply and Transport Battalion, 25th Infantry Division, from 2 to 6 March 1968 
* Detachment 1, 25th Infantry Division Augmented Provisional Adjutant General, from 7 March 1968 to on or about 17 August 1968

5.  He was honorably released from active duty in pay grade E-4 on 7 November 1968 and he was transferred to the U.S. Amy Reserve Control Group (Annual Training).  He was credited with completing 1 year, 7 months, and 2 months of total  active service.  His DD Form 214 lists the:

* National Defense Service Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar  (M-14)
* Purple Heart

* Air Medal
* Bronze Star Medal with "V" Device
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars

6.  His DA Form 20 shows in:

* Item 38 (Record of Assignments) he received all  "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service 
* Item 41 (Awards and Decorations) lists all the awards listed on his DD Form 214 and the following:

* Army Commendation Medal awarded by SO Number 419, Headquarters, 25th Infantry Division, on 4 February 1968
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

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 award orders for the Army Commendation Medal pertaining to the applicant.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct medal 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 service entirely during the period 7 December 1941 through 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-marital.

9.  Army Regulation 600-8-22 (Military Award) states:

   a.  The Army Commendation Medal is 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.


   b.  Awards (Decorations and Army Good Conduct Medal) made by the President, the Secretary of Defense, and the Secretary of the Army will be announced in Department of the Army General Orders (DAGO).
   
   c.  A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation.

10.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 2nd Battalion, 14th Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period April 1966 through August 1968, by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 20 April 1966 through 21 January 1970, by DAGO Number 51, dated 1970

11.  DA Pamphlet 672-3 also shows the following:

* Supply and Transport Company was cited for award of the Valorous Unit Award, for the period January through April 1966, by DAGO Number 20, dated 1967 (not during his assignment to this unit)
* Detachment 1, 25th Infantry Division Augmented Provisional Adjutant General, was cited for award of the Presidential Unit Citation, for the period 16 February 1969 through 28 February 1970, by DAGO Number 2, dated 1971 (not during his assignment to this unit)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of records shows the applicant received "excellent" conduct and efficiency ratings during his period of active duty, attained the rank of pay grade  E-4, and was awarded the Purple Heart and Bronze Star Medal with "V" Device.  Therefore, it appears he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 6 April 1967 through 7 November 1968 and its addition to his DD Form 214.

2.  He served in Vietnam during four campaigns; therefore, he is entitled to award of four bronze service stars to be added to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

3.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-16), and Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) during his period of active duty.  Therefore, his DD Form 214 should be corrected to show these badges.

4.  GO awarded his units in Vietnam, the 2nd Battalion, 14th Infantry, 25th Infantry Division, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  During his period of service in Vietnam his units were not authorized or awarded the Valorous Unit Award and Presidential Unit Citation.  Therefore, he is not entitled to these awards and their addition to his DD Form 214.

6.  There is no evidence and he provided none to show he was authorized or awarded the Army Commendation Medal during his period of service.  Although item 41 of his DA Form 20 shows an ARCOM was awarded by SO 419, issued by Headquarters, 25th Infantry Division, this entry could not be substantiated.  Award of the Army Commendation Medal is announced in GOs, not an SO as indicated on his DA Form 20.  In the absence of the GO, there is insufficient evidence to add this award to his DD Form 214. 

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.  deleting from his DD Form 214 the Vietnam Service Medal;

b.  awarding him the Army Good Conduct Medal (1st Award) for his period of 
service from 6 April 1967 through 7 November 1968; and

c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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 adding to his DD Form 214 the:

* Army Commendation Medal
* Valorous Unit Award
* Presidential Unit Commendation
* any other awards



      ___________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)                                         AR20140007239





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ABCMR Record of Proceedings (cont)                                         AR20140007239



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