IN THE CASE OF:	  

		BOARD DATE:	  12 February 2015

		DOCKET NUMBER:  AR20140011222 


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 his authorized awards.

2.  The applicant states he served in the Republic of Vietnam (RVN) and received two awards of the Army Commendation Medal (ARCOM); however, his DD Form 214 does not show the ARCOM with 1st Oak Leaf Cluster (1st OLC).  He adds that his DD Form 214 shows the RVN Campaign Medal (RVNCM); however, it does not correctly show the RVNCM with Device (1960).

3.  The applicant provides copies of award documents for his two ARCOMs and his 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 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 U.S. Army on 26 March 1968.  He was awarded military occupational specialty (MOS) 05B (Radio Operator).

3.  He was promoted to specialist four (SP4)/pay grade E-4 on 7 December 1968.

4.  His DA Form 20 (Enlisted Qualification Record) shows in –

* item 29 (Qualification in Arms), in pertinent part, M-14 Rifle,  Sharpshooter, 3 May 1968
* item 31 (Foreign Service), he served in Vietnam from 20 September 1968 through 27 October 1969
* item 38 (Record of Assignments):  D Troop, 17th Cavalry, 199th Infantry Brigade, from 26 September 1968 through 24 October 1969
* item 41 (Awards and Decorations) –

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) 
(Fort Leonard Wood, MO, Special Orders (SO) Number 131, dated
 10 May 1968)
* RVNCM with Device (1960)
* Vietnam Service Medal
* ARCOM (two awards)

5.  General orders (GOs) issued by Headquarters, 199th Infantry Brigade (Separate) (Light), announced awards to the applicant, as follows –

* GO Number 1608, dated 4 October 1969, paragraph 2 – the ARCOM for meritorious service in the RVN from September 1968 to September 1969
* GO Number 1659, dated 9 October 1969, paragraph 2 – the ARCOM 
(1st OLC) for meritorious achievement in the RVN from 19 February 1969 to 18 July 1969

6.  The applicant's DD Form 214 shows he was honorably released from active duty on 28 October 1969.

   a.  He had completed 1 year, 7 months, and 3 days of total active duty service this period that included 1 year, 1 month, and 9 days of foreign service.


   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the –

* National Defense Service Medal
* Vietnam Service Medal
* RVNCM
* Army Commendation Medal

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of GOs issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to reveal any additional award orders pertaining to the applicant.

8.  A review of the applicant's military personnel record reveals he may be entitled to additional awards that are not shown on his DD Form 214.

9.  The applicant's military personnel record fails to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award).

   a.  There is no evidence of any disciplinary actions or adverse information.

   b.  Item 38 of the applicant's DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  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.  It shows D Troop, 17th Cavalry, was cited for award of the –

* RVN Gallantry Cross with Palm Unit Citation for the period 19 June 1968 through 31 July 1970 in Department of the Army General Orders (DAGO) Number 51, 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 
12 December 1966 through 31 August 1970 in DAGO Number 51, 1971

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.

	b.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following campaigns –

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet Counteroffensive 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

   c.  The RVNCM with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows:

   a.  GOs awarded the applicant the –

* ARCOM for meritorious service
* ARCOM (1st OLC) for meritorious achievement

   b.  the applicant qualified for award of the VSM and he participated in four campaigns during his service in Vietnam.  Thus, he is authorized four bronze service stars for wear on his already-awarded VSM.

   c.  his service in the RVN qualified him for the RVNCM with Device (1960);


	d.  DAGOs awarded the applicant's unit the –

* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

   e.  SOs awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

2.  The applicant served a period of continuous, honorable active duty enlisted service from 26 March 1968 through 28 October 1969.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.

	b.  He was promoted to SP4 (E-4) with less than nine months of active duty and he received all "excellent" conduct and efficiency ratings during his service.

   c.  He received two awards of the ARCOM –

* for meritorious achievement from 19 February 1969 to 18 July 1969
* for meritorious service from September 1968 to September 1969
   
   d.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award).

3.  Therefore, in view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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 
26 March 1968 through 28 October 1969 (Standard Name Line:  SP4, 
D Troop, 17th Cavalry, 199th Infantry Brigade);

   b.  deleting all of the award entries from item 24 of his DD Form 214; and

	c.  adding the following awards to item 24 of his DD Form 214 –

* Army Commendation Medal (1st Oak Leaf Cluster)
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with 4 Bronze Service Stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar




      ___________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)                                         AR20140011222



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ABCMR Record of Proceedings (cont)                                         AR20140011222



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