IN THE CASE OF:  

		BOARD DATE:    3 February 2015

		DOCKET NUMBER:  AR20140011302


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 he was awarded the Army Commendation Medal (ARCOM), the Army Good Conduct Medal (AGCM), and the expert marksmanship qualification badges for the mortar and pistol.

2.  The applicant states the ARCOM, AGCM, and qualification badges were omitted from his DD Form 214.

3.  The applicant provides:

* a copy of his DD Form 214
* an official statement from the Department of the Army, Office of the Adjutant General, furnished on 5 October 1972 (unsigned and undated)
* an ARCOM citation document
* two copies of the general orders awarding him the ARCOM for meritorious achievement during the period 15 September 1970 to 15 March 1971
* special orders awarding him the mortar qualification badge dated 4 September 1969 

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 19 May 1969.  He completed training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).

3.  Special Orders Number 214, Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, dated 4 September 1969, awarded him the Expert Marksmanship Qualification Badge with Mortar Bar.

4.  Special Orders Number 227, Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, dated 18 September 1969, awarded him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Cal).

5.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 23 July 1970 to on or about 3 April 1971.  While he was served in Vietnam he was assigned to Company E, 1st Battalion, 27th Infantry, 25th infantry Division.

6.  Headquarters, II Field Force Vietnam General Orders Number 1179, dated 
8 April 1971, awarded him the ARCOM for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam, during the period 15 September 1970 to 15 March 1971.

7.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

8.  On 4 April 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal 
* Combat Infantryman Badge 
* 2 overseas service bars 
* Marksman (M-14), referring to the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
9.  The applicant provides an official statement from the Department of the Army, Office of the Adjutant General (undated and unsigned), which states he is  entitled to the AGCM for service during the period 19 May 1969 to 4 April 1971.

10.  There are no orders in his available records that show he was awarded the AGCM.  There is no evidence of a commander's disqualification for this award.  Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15 of the Uniform Code of Military Justice.

11.  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; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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 and no convictions by court-martial.

12.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July 1970 - 30 November 1971)

13.  Paragraph 6d states Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.




DISCUSSION AND CONCLUSIONS:

1.  General orders 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.  He served honorably from 19 May 1969 through 4 April 1971, a period of 1 year, 10 months, and 16 days of total active service.  His records show he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) and to correct his DD Form 214 to show this award.

3.  Special orders awarded him the following individual marksmanship awards:

* Expert Marksmanship Qualification Badge with Mortar Bar 
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Cal)

4.  These marksmanship awards are not shown on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show them.

5.  Records show he participated in two campaigns during his service in Vietnam; therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

6.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

BOARD VOTE:

____x___  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 AGCM (1st Award) for the period 19 May 1969 through  4 April 1971;

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

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

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Expert Marksmanship Qualification Badge with Mortar Bar
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Cal) 
* 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)                                         AR20130015735



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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