BOARD DATE:	  8 January 2015

		DOCKET NUMBER:  AR20140009072 


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 Army Commendation Medal with "V" device be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 29 March 1968.

2.  The applicant states he received the medal after he left the service. 

3.  The applicant provides:

* DD Form 214
* undated newspaper article 

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 12 April 1966, he was inducted into the Army of the United States.  

3.  Headquarters, 1st Training Brigade, U.S. Army Training Center, Armor, Fort Knox, KY Special Orders 154, dated 2 August 1966 awarded the applicant the:

* Expert Marksmanship Qualification Badge with Machinegun Bar
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar

4.  He was assigned to Headquarters and Headquarters Troop, 1st Squadron, 4th Cavalry in the Republic of Vietnam from 14 April 1967 to 26 March 1968.  He participated in three campaigns.  He was promoted to sergeant/pay grade E-5 on 
19 January 1968.

5.  Headquarters, 1st Infantry Division General Orders Number 2395, dated 
19 March 1968, awarded the applicant the Army Commendation Medal with "V" device for heroism on 2 February 1968 in the Republic of Vietnam while serving as a track commander.

6.  On 29 March 1968, he was released from active duty.  He completed 1 year, 11 months, and 18 days of active service that was characterized as honorable.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Bronze Star Medal with Oak Leaf Cluster
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows 1st Squadron, 4th Cavalry was awarded the:

* Valorous Unit Award for the period 31 January - 31 May 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 - 16 October 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 - 7 April 1970

9.  Army Regulation 600-8-22 (Military Awards) states the award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

10  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show he was awarded the Army Commendation Medal with "V" device.  Therefore, this award should be added to his DD Form 214.

2.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 12 April 1966 to 29 March 1968 ending with termination of a period of Federal military service.

3.  Based on his service with the 1st Squadron, 4th Cavalry he is authorized the:

* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

4.  He participated in three campaigns in the Republic of Vietnam.  Therefore, he is authorized three bronze service stars on his Vietnam Service Medal.

5.  Orders show he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  Therefore, his DD Form 214 should be amended to reflect these badges.

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:

	a.  awarding him the Army Good Conduct Medal for the period of service from 12 April 1966 to 29 March 1968; and

	b.  amending his DD Form 214 with an effective date of 29 March 1968 by deleting the Vietnam Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and adding the:

* Army Commendation Medal with "V" device
* Army Good Conduct Medal (1st Award)
* Valorous Unit Award
* Vietnam Service Medal with 3 bronze service stars
* Expert Marksmanship Qualification Badge with Machinegun Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol 	Bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20140009072



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ABCMR Record of Proceedings (cont)                                         AR20140009072



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