IN THE CASE OF:	  

		BOARD DATE:	  2 June 2015

		DOCKET NUMBER:  AR20140016154 


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 award of the Army Commendation Medal with two Oak Leaf Clusters (ARCOM w/2 OLC) for service in the Republic of Vietnam (RVN).

2.  The applicant states the third award of the ARCOM was not shown on his 
DD Form 214.

3.  The applicant provides copies of:

* DD Form 214 (copy 1)
* ARCOM Certificate, dated 19 May 1969
* General Orders Number 11038, 25th Infantry Division, dated 29 August 1969 (front side only)
* A citation for the ARCOM w/first oak leaf cluster, 25th Infantry Division
* General Orders Number 1764, 25th Infantry Division, dated 16 February 1970
* ARCOM Certificate, dated 16 February 1970

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 6 March 1968, the applicant was inducted into the Army of the United States.  He completed his initial training as an operations and intelligence specialist.

3.  Special Orders Number 5, Fort Sill, Oklahoma, dated 17 January 1969, announced the applicant's award of the Sharpshooter Marksmanship Qualification Badge with rifle Bar (M-16).

3.  On 30 January 1969, the applicant departed Fort Sill for duty in the RVN.

	a.  He was assigned for duty on 17 March 1969 with the 2nd Battalion, 
77th Artillery, 25th Infantry Division;

	c.  General Orders Number 6958, 25th Infantry Division, dated 19 May 1969, announced the applicant's award of the ARCOM for meritorious achievement on 26 April 1969;

	d.  General Orders Number 11038, 25th Infantry Division, dated 29 August 1969, announced the applicant's award of the ARCOM w/first oak leaf cluster for meritorious achievement from 1 June to 31 July 1969;

	e.  General Orders Number 1764, 25th Infantry Division, dated 16 February 1969, announced the applicant's award of the ARCOM for meritorious achievement from 1 January to 10 February 1970; and

	f.  on 22 February 1970, he departed the RVN.

4.  On 25 February 1970, the applicant was released from active duty.  He had attained the rank of specialist five, pay grade E-5 and had completed 1 year, 
11 months and 20 days of creditable active duty.  His DD Form 214 lists his awards as:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* Army Commendation Medal w/OLC

5.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were “excellent.”  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

6.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaigns: Tet 69 Counteroffensive, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring 1970.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN.  This publication shows that the 2nd Battalion, 77th Artillery Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 5, dated 1973 for award of the RVN Gallantry Cross with Palm Unit Citation and in DAGO Number 51, dated 1971, for award of the RVN Civil Actions Honor Medal First Class Unit Citation.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service of one year or more.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his award of the ARCOM w/2 OLC for service in the RVN.

2.  Three separate general orders announced a total of three awards of the ARCOM to the applicant.  Therefore, these awards should be shown on his 
DD Form 214.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist five, receiving multiple personal decorations, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  Records show that the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

6.  Special orders show the applicant qualified as a sharpshooter with his rifle.  Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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.  deleting from his DD Form 214 the Army Commendation Medal w/OLC and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal for the period 6 March 1968 to 25 February 1970; and

	c.  showing on his DD Form 214 that in addition to the awards already-shown, his awards include:

* Army Commendation Medal with two OLC
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* 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 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)                                         AR20140016154





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ABCMR Record of Proceedings (cont)                                         AR20140016154



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