IN THE CASE OF:	  

		BOARD DATE:	   6 January 2015

		DOCKET NUMBER:  AR20140009104 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Distinguished Service Cross (DSC) he was awarded for valorous service during the Vietnam War.

2.  The applicant states no error occurred, per se; he just wants the DD Form 214 updated.

3.  The applicant provides his DD Form 214 and a general order (GO).

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 was inducted into the Army of the United States on 9 March 1966.  He held military occupational specialty 91B (Medical Aidman).  The highest rank/grade he attained while serving on active duty was specialist four/ E-4.

3.  Special Orders (SO) Number 92, Headquarters, U.S. Army Training Center, Infantry, on 20 April 1966, awarded him the Marksman Marksmanship Qualification Badge with the Rifle Bar (M-14).

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from on or about 27 September 1966 to on or about 2 July 1967.  He participated in two campaign periods:

* Vietnam Counteroffensive Phase II (1 July 1966 to 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968)

5.  GO Number 6350, dated 10 December 1967, Headquarters, U.S. Army Vietnam, awarded the applicant the DSC for extraordinary heroism.

6.  The available record contains a letter from Headquarters, U.S. Army Vietnam, dated 9 February 1968, which notified the applicant he was awarded the Republic of Vietnam Gallantry Cross with Silver Star for heroic actions during the period 11 August 1967 to 26 August 1967.

7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows:

	a.  He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 502nd Infantry Regiment while in Vietnam.  

	b.  He received "excellent" conduct and efficiency ratings for all periods of service.  There is no evidence of any derogatory or disciplinary actions against the applicant 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). 

8.  He was honorably released from active duty on 26 December 1967.  He completed 1 year, 9 months, and 18 days of total active service during this period.  His DD Form 214 shows he was awarded or authorized the:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal
* Combat Medical Badge
* Parachutist Badge

9.  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.

10.  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.

11.  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.  2nd Battalion, 502nd Infantry Regiment, was cited for award of the Meritorious Unit Commendation (MUC) for the period 29 July 1965 to 1 October 1966, by Department of the Army General Order (DAGO) Number 1, 1969, as amended by DAGO 17, 1968.

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

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Distinguished Service Cross; his DD Form 214 does not show this award.  It is appropriate to correct his DD Form 214 accordingly.

2.  SO awarded him the Marksman Marksmanship Qualification Badge with the Rifle Bar (M-14) 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.  A letter from Headquarters, U.S. Army Vietnam awarded him the Republic of Vietnam Gallantry Cross with Silver Star.  His DD Form 214 should show this award.  

4.  Records also show the applicant received "excellent" conduct and efficiency ratings for each duty assignment and there is no record of a commander's disqualification for award of the AGCM; therefore, it would be appropriate to award this medal for the period from 9 March 1966 through 26 December 
1967 and add it to his DD Form 214.
5.  He has qualifying service to receive two campaign stars to his already awarded VSM and to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be updated to correctly show these awards.

6.  The applicant's unit was awarded the Meritorious Unit Commendation while he was assigned.  His DD Form 214 should be amended to add this award.

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 (1st Award) for the period 9 March 1966 through 26 December 1967;

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

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

* Distinguished Service Cross
* Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Silver Star
* Meritorious Unit Commendation
* Vietnam Service Medal with 2 bronze service stars







* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with the Rifle Bar (M-14)



      ___________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)                                         AR20140009104





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ABCMR Record of Proceedings (cont)                                         AR20140009104



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