BOARD DATE:	  24 March 2015

		DOCKET NUMBER:  AR20140013968 


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 all awards he is entitled to. 

2.  The applicant states that the awards will help with his compensation claim. 

3.  The applicant provides an excerpt of his DA Form 20 (Enlisted Qualification Record). 

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 enlisted in the Regular Army on 3 January 1966.  After completing initial entry training, he was awarded military occupational specialty 63C (General Vehicle Repairman).

3.  His DA Form 20 contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served a tour of duty in the Republic of Vietnam (RVN) beginning on 12 October 1967.

	b.  Item 38 (Record of Assignments) shows that during the period                  17 October 1967 to 17 September 1968 he served with Company C, 41st Signal Battalion in the RVN.  He received all "excellent" conduct and efficiency ratings throughout his service. 

	c.  Item 41 (Awards and Decorations) shows the following:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Overseas Service Bars (2)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

4.  A DA form 2627-1 (Record of Proceedings Under Article 15, Uniformed Code of Military Justice (UCMJ)), dated 17 May 1967 shows he violated a lawful order by swimming in the Rhine river and he was placed on restriction for 14 days, given 14 days of extra duties, and forfeited $39.

5.  On 21 September 1968, he was honorably released from active duty as a specialist five (SP5)/pay grade E-5 and transferred to the U.S. Army Reserve.  The DD Form 214 issued at that time shows he was awarded or authorized the following:

* NDSM
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* RVN Campaign Medal with Device (1960)
* VSM
* Overseas Service Bars (2)

6.  His record is void of documentation showing he was the subject of any court-martial convictions during his active duty service.  There is also no evidence of 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).

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the VSM.  Appendix B shows the campaigns for Vietnam.  During his tour in Vietnam he participated in four campaigns:  the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; and the Vietnam Counteroffensive, Phase V.  This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.

8.  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 that Company C, 41st Signal Battalion was cited for the Meritorious Unit Commendation (MUC) for the period 1 August 1966 through 30 June 1968 by Department of the Army General Orders (DAGO) Number 42, dated 1969.

9.  DAGO Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (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.  Ratings of “unknown” for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  He served in a unit in Vietnam during a period for which the unit was awarded the MUC and the RVN Gallantry Cross with Palm Unit Citation.  He is entitled to correction of his DD Form 214 to show these unit awards.

2.  Records show 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.

3.  He received "excellent" conduct and efficiency ratings during his service and he was promoted to SP5/E-5.  Although he received non-judicial punishment on one occasion, there is no evidence of a commander's disqualification for award of the AGCM.  Based on his overall record of service, it appears that he met the criteria for award of the AGCM (1st Award).  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 3 January 1966 to  21 September 1968 and to correct his DD Form 214 to show 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 adding the following awards to his DD Form 214:

* RVN Gallantry Cross with Palm Unit Citation
* VSM with four bronze service stars
* MUC
* AGCM (1st Award)



      _________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)                                         AR20140013968





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ABCMR Record of Proceedings (cont)                                         AR20140013968



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