IN THE CASE OF:	  

		BOARD DATE:	  16 April 2015

		DOCKET NUMBER:  AR20140014324 


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 decorations, medals, badges, commendations, citations and campaign ribbons to which he is entitled.  

2.  He states his DD Form 214 is missing awards to include the Soldier's Medal awarded to him on 29 January 1968.  

3.  He provides a copy of his DD Form 214 and General Orders Number 413.  

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.  On 23 August 1966, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty 13A (Field Artillery Basic).  

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

     a.  item 31 (Foreign Service) U.S. Army Pacific (USARPAC)/Republic of Vietnam (RVN) from 20 January 1967 to 18 January 1968
   
   b.  item 38 (Record of Assignments) 

* C Battery, 2nd Battalion, 32nd Artillery from 23 January 1967 to 14 July 1967 in USARPAC
* B Battery, 2nd Battalion, 32nd Artillery from 15 July 1967 to 17January 1968 

   c.  item 41 (Awards and Decorations):
   
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal (VCM) with Device (1960)
* two Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  Headquarters, U. S. Army Vietnam, General Orders Number 413, dated 29 January 1968, awarded the applicant the Soldier's Medal for heroic action on 9 December 1967 not involving actual armed conflict with the enemy.  

5.  On 22 August 1968, the applicant was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4.  He completed 2 years of total active service.  The DD Form 214 issued at that time shows in item 24 (Decorations, Medals Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):

* NDSM
* VSM with bronze service star
* VCM with Device (1960)

6.  His record is void of documentation showing he was the subject of disciplinary action during his active duty service or any record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the AGCM.  He received all "excellent" conduct and efficiency ratings.  
7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received in the RVN by the 2nd Battalion, 32nd Artillery:  

	a.  The RVN Civil Actions Honor Medal for the period 31 July 1966 to 21 January 1970, by Department of the Army General Order (DAGO) Number 51, dated 1971.  

	b.  The Meritorious Unit Commendation for the period 1 January 1968 to 31 January 1969, by DAGO 36, dated 1970.

	c.  The RVN Gallantry Cross with Palm Unit Citation for the period December 1965 to August 1968, by DAGO 48, 1971.  

8.  Army Regulation 672-5-1 (Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the AGCM.  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.

9.  Army Regulation 600-8-22 (Military Awards) states 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 campaign.  The applicant served during the following campaigns:

* Vietnam Counteroffensive Phase (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)

DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded the applicant the Soldier's Medal.  He is entitled to correction of his DD Form 214 to show this award.  

2.  He received "excellent" conduct and efficiency ratings during his service and was promoted to SP4.  There is no record of any disciplinary action in his record.  Based on his overall record of service, it appears an administrative error occurred resulting in him not being recommended for or awarded the first award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) for the period 23 August 1966 to 22 August 1968 and correct his DD Form 214 to show this award.

3.  The Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) is listed on his DA Form 20; therefore, this badge should be added to his DD Form 214. 

4.  He served in units during periods for which they were cited for award of the RVN Civil Actions Honor Medal, RVN Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Commendation.  He is entitled to correction of his DD Form 214 to show these unit awards.

5.  He received the VSM with one bronze service star.  However, during his period of service in the RVN he served during two campaigns.  Therefore, he is entitled to a second bronze service star for wear on his already 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 AGCM (1st Award) for the period 23 August 1966 to 22 August 1968;
   
   b.  deleting the VSM with bronze service star from his DD Form 214; and
   
   c.  adding to his DD Form 214 the:

* Soldier's Medal
* AGCM (1st Award)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal


* Meritorious Unit Commendation
* VSM with two bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)


      
      
      __________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)                                         AR20140008952



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ABCMR Record of Proceedings (cont)                                         AR20140014324



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