IN THE CASE OF:	  

		BOARD DATE:	  10 March 2015

		DOCKET NUMBER:  AR20140012147 


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) during 1968 and 1969.  He received an award of the Air Medal (AM), two awards of the Army Commendation Medal (ARCOM) (one for heroism and one for meritorious service), and the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

3.  The applicant provides copies of award documents for his two ARCOMs and his separation documents.

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 8 April 1968.  He was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  He was promoted to sergeant (SGT)/pay grade E-5 on 12 August 1969.

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

* item 29 (Qualification in Arms) –

* M-14 Rifle, Sharpshooter, 27 May 1968
* M-16 Rifle, Expert, 5 July 1968
* 106mm Recoilless Rifle, Expert, 11 July 1968
* .45 caliber Pistol, Marksman, 2 July 1968

* item 31 (Foreign Service) – Vietnam from 10 September 1968 through 
30 August 1969
* item 38 (Record of Assignments) – Company B, 1st Battalion, 
12th Infantry, 4th Infantry Division (4ID), from 20 September 1968 through 22 August 1969
* item 41 (Awards and Decorations) – 

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge
* RVN Campaign Medal
* Marksman Marksmanship Qualification Badge with Pistol (.45 caliber) Bar 
* Expert Marksmanship Qualification Badge with Rifle (106mm) Recoilless Rifle Bar
* 2 Overseas Service Bars

5.  Headquarters, 4ID, General Orders (GO) Number 3418, dated 26 June 1969, awarded the applicant the ARCOM with "V" Device for heroism in the RVN on 8 March 1969.

6.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 7 April 1970.

   a.  He completed 2 years of total active duty service this period that included 11 months and 21 days of foreign service.
   
   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the –

* National Defense Service Medal
* VSM
* RVN Campaign Medal
* two Overseas Service Bars
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar

7.  A review of the applicant's military personnel records failed to show any evidence that he was awarded or authorized the AM, ARCOM for meritorious service (or meritorious achievement), or the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

8.  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, revealed orders for the ARCOM with "V" Device, but failed to reveal any additional award orders pertaining to the applicant.

9.  In support of his application the applicant provides the following additional documents –

* DA Form 4980-14 (ARCOM Certificate) that shows he was awarded the ARCOM for heroism in the RVN on 8 March 1969 and Major General (MG) D____ R. P____, Commanding General (CG), 4ID, signed the certificate on 9 July 1969
* DA Form 4980-14 that shows he was awarded the ARCOM for meritorious service in the RVN for the period September 1968 to September 1969 and  MG  G____ D. W____, CG, 4ID, signed the certificate on 24 November 1969
* DD Form 256A (Honorable Discharge Certificate) that shows he was honorably discharged from the U.S. Army Reserve on 1 April 1974. 

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

11.  Headquarters, 2nd Basic Combat Training Brigade, U.S. Army Training Center, Fort Gordon, GA, Special Orders (SO) Number 108, dated 5 June 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.
12.  SOs issued by Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA, announced awards to the applicant, as follows –

* SO Number 176, dated 12 July 1968 – the Marksman Marksmanship Qualification Badge with Pistol (.45 caliber) Bar
* SO Number 188, dated 25 July 1968 – the Expert Marksmanship Qualification Badge with Recoilless Rifle (106mm) Bar

13.  The applicant's military personnel records fail 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.

   c.  A DA Form 137 (Installation Clearance Record), dated 13 March 1970, shows the applicant's commanding officer rated his conduct and efficiency as "excellent."

14.  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 of less than 3 years but more than 1 year.  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.  

15.  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 the 1st Battalion, 12th Infantry, was cited for award of the –

* RVN Gallantry Cross with Palm Unit Citation for the period October 1966 through 28 July 1969 in Department of the Army General Orders (DAGO) Number 3, 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 
1 October 1966 through 31 October 1969 in DAGO Number 53, 1970


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

   a.  The 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 AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly (e.g., personnel in the attack elements of units involved in air-land assaults against an armed enemy).

	d.  The ARCOM may be awarded to any member of the Armed Forces of the United States who distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.

	e.  As with all personal decorations (e.g., the AM, ARCOM, etc.), formal recommendations, approval through the chain of command, and announcement in orders are required.

17.  Title 10, U.S. Code, section 1130 (10 USC 1130), provides the legal authority for consideration of proposals for decorations not previously submitted or acted upon in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

18.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, Kentucky  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the AM, two awards of the ARCOM (i.e., ARCOM with "V" Device (First Oak Leaf Cluster)), and the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

2.  The evidence of record shows:

   a.  GOs awarded the applicant the ARCOM with "V" Device;

   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.  DAGOs awarded the applicant's unit the –

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

   d.  SOs awarded him the –

* Expert Marksmanship Qualification Badge with Recoilless Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar

3.  The applicant served a period of continuous, honorable active duty enlisted service from 8 April 1968 through 7 April 1970.

   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 awarded the ARCOM with "V" Device for heroism.
	c.  He was promoted to SGT (E-5) with less than 17 months of active duty and he received all "excellent" conduct and efficiency ratings during his service.

   d.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award).

4.  The applicant's records are absent orders or any other evidence that shows he was awarded the AM, the ARCOM for meritorious service or achievement, or the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.  A review of the ADCARS data base failed to produce a copy of orders awarding him the AM or a second award of the ARCOM.

5.  A personal decoration requires a formal recommendation, approval through the chain of command, and announcement in orders.  A careful review of the evidence of record reveals there is insufficient evidence that shows he was awarded the AM or a second award of the ARCOM.  Therefore, there is an insufficient evidentiary basis for correcting the applicant's military service records to show these awards.

6.  While the available evidence is insufficient for correcting the applicant's records to show award of the AM or the ARCOM (2nd Award), this in no way affects his right to pursue his claim(s) for the award(s) by submitting his request(s) through his Member of Congress under the provisions of 
10 USC 1130.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 
8 April 1968 through 7 April 1970 (Standard Name Line:  SGT, Troop G, 
2nd Squadron, 6th Armored Cavalry Regiment, Fort George Meade, MD  20755);

   b.  deleting from item 24 of his DD Form 214 the "Vietnam Service Medal"; and

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

* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four Bronze Service Stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Recoilless Rifle (106mm) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Marksman Marksmanship Qualification Badge with Pistol (.45 caliber) Bar

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Air Medal, the Army Commendation Medal (2nd Award), and the Expert 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)                                         AR20140012147



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ABCMR Record of Proceedings (cont)                                         AR20140012147



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