IN THE CASE OF:    

		BOARD DATE:  11 December 2014  	  

		DOCKET NUMBER:  AR20140007559 


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 the Army Commendation Medal (ARCOM) he was awarded for his service in Vietnam. 

2.  The applicant states, while other awards and decorations for his service in Vietnam are reflected on the DD Form 214, the ARCOM is missing.

3.  The applicant provides a DD Form 214, general orders (GO), a transmittal letter, and three certificates.

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 31 January 1969.  After completing initial training, he was awarded military occupational specialty 68G (Aircraft Structural Repairman).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

3.  He served in Vietnam from 5 October 1969 to 3 October 1970, where he was assigned to the 611th Transportation Company from 14 October 1969 to 
19 July 1970, and the 56th Transportation Company from 20 July 1970 to 
3 October 1970.

4.  Headquarters, 1st Aviation Brigade GO Number 8984, dated 10 September 1970, awarded him the ARCOM.

5.  Headquarters, 1st Personnel Service Company Special Orders (SO) Number 20, dated 28 January 1971, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  He was honorably released from active duty on 3 December 1971 after completing 2 years, 10 months, and 3 days of active service with no lost time.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the VSM for participation in each campaign.  Appendix B confirms he has qualifying service for the following four campaigns:

* Vietnam Summer-Fall, 1969 (9 June 1969 through 31 October 1969)
* Vietnam Winter-Spring, 1970 (1 November 1969 through 30 April 1970)
* Sanctuary Counteroffensive (1 May 1970 through 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 through 30 June 1971)

8.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings for all periods of service.  There is no evidence of any derogatory or disciplinary actions against him or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal (AGCM). 

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM may be awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows:

	a.  The 611th Transportation Company was cited for award of the Meritorious Unit Commendation (MUC) for the period 1 November 1968 through 31 January 1970, by Department of the Army General Order (DAGO) Number 51, dated 1971.

	b.  All units in Vietnam were awarded the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 
1974.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded him the ARCOM, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

3.  Records show he participated in four campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on his already-awarded VSM.

4.  He served honorably during the period 31 January 1969 through 3 December 1971.  He completed 2 years, 10 months, and 3 days of active service during this period with no lost time.  Based upon his “excellent” conduct and efficiency ratings as well as the absence of any derogatory information, he appears to meet the criteria for award of the AGCM for the period 31 January 1969 through 
3 December 1971.  Therefore, it would be appropriate to award him the AGCM (1st Award) and to correct his DD Form 214 to show this award. 

5.  Additionally, his unit of assignment (611th Transportation Company) was awarded a MUC while he was assigned; and all units in Vietnam were cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these awards.

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 appropriate Department of the Army records of the individual concerned be amended by:

	a.  deleting the VSM from his DD Form 214;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
31 January 1969 through 3 December 1971; and

	c.  adding to his DD Form 214 the following awards:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation




      _______ _   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)                                         AR20140007559





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ABCMR Record of Proceedings (cont)                                         AR20140007559



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