IN THE CASE OF:  	  

		BOARD DATE:  22 January 2015	  

		DOCKET NUMBER:  AR20140010006 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Republic of Vietnam (RVN) Civil Action Honors Medal First Class Unit Citation and the RVN Gallantry Cross with Palm Unit Citation.  He also requests issuance of all awards listed on his DD Form 214. 

2.  The applicant states:

* he never received the RVN Gallantry Cross with Palm Unit Citation or the RVN Civil Actions Honor Medal First Class Unit Citation
* he never received the medals listed on his DD Form 214
* he would appreciate it if they were sent to him
* he earned the medals during combat

3.  The applicant provides:

* DD Form 214
* orders for the Combat Infantryman Badge (CIB)
* excerpts of Department of the Army General Orders (DAGO) 
* self-authored statement 
 
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 2 November 1967.  After completing initial entry training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) he was assigned to duty in Vietnam with Company B, 2nd Battalion, 22nd Infantry (Mechanized), from 2 May 1968 to 30 December 1968.  He participated in four campaigns.  
  
4.  His record shows he received "excellent" conduct and efficiency ratings throughout his service.  His record is void of documentation showing he was the subject of disciplinary action during his active duty service.

5.  On 31 October 1969, he was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the following:

* Vietnam Service Medal (VSM) with three bronze service stars
* National Defense Service Medal
* RVN Campaign Medal 
* CIB
* Bronze Star Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The 2nd Battalion, 22nd Infantry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970, by DAGO Number 5, dated 1973 and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 15 March 1966 to 21 January 1970, by DAGO Number 51, dated 1971.

7.  Review of his record indicates he is entitled to additional awards not listed on his DD Form 214.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

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 credited campaign.  

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor First Class Unit Citation for periods that coincided with his tenure in the unit.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

2.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and there is no record of any disciplinary action taken against him.  Based on his overall record of service, it appears that an administrative error occurred resulting in the applicant not being recommended for or awarded the first award of the AGCM.  Therefore, it would be appropriate at this time to award him the AGCM (First Award) for the period 2 November 1967 through 31 October 1969, to correct his DD Form 214 to show this award, and to issue the AGCM to him.

3.  He was awarded the VSM and 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 previously-awarded VSM.

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 (First Award) for the period  2 November 1967 through 31 October 1969;

	b.  deleting from his DD Form 214 the VSM with three bronze service stars; and

	c.  adding the following to his DD Form 214:

* AGCM (First Award)
* VSM with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Action Honor First Class Unit Citation

d.  issuing him the awards listed on 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)                                         AR20140010006



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ABCMR Record of Proceedings (cont)                                         AR20140010006



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