IN THE CASE OF:	  

		BOARD DATE:	  2 June 2015

		DOCKET NUMBER:  AR20140017568


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 or authorized the Army Commendation Medal (ARCOM), Army Good Conduct Medal (AGCM), National Defense Service Medal (NDSM), Valorous Unit Emblem (known as the Valorous Unit Award (VUA)), 3 bronze service stars with his Vietnam Service Medal (VSM), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

2.  The applicant states the above medals need to be added to his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214, ARCOM Citation, General Orders Number 1467 with the corresponding ARCOM Certificate, and a DD Form 1577 (Authorization for Issuance of Awards). 

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 into the Regular Army on 15 January 1968.  He completed training and was awarded military occupational specialty 62B (Engineer Equipment Repairman).  The highest rank/grade he attained was specialist five/E-5.  

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

* Item 31 (Foreign Service), he served in the Republic of Vietnam from        8 January to on or about 1 December 1970
* Item 38 (Record of Assignments), during his period of service in the Republic of Vietnam, he was assigned to Company A, 31st Engineer Battalion from on or about 22 January 1970 to 2 December 1970
* Item 41 (Awards and Decorations), he was awarded or authorized the NDSM, VSM, Republic of Vietnam Civil Action Honor Medal First Class Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)  

4.  General Orders Number 1467, issued by Headquarters, 20th Engineer Brigade, dated 10 December 1970, awarded him the ARCOM for meritorious service in the Republic of Vietnam during the period January 1970 to January 1971.

5.  Special Orders Number 50, issued by Headquarter, 2d Training Brigade, Fort Jackson, SC, dated 7 March 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).   

6.  He was honorably released from active duty on 3 December 1970 and transferred to the U.S. Army Reserve.  His DD Form 214 shows he was awarded or authorized the:  

* NDSM
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960) 


7.  He provides copies of his ARCOM Certificate and Citation with general orders, and a DD Form 1577 from U.S. Army Reserve Personnel Center, St. Louis, MO, which captures all the awards he was entitled to receive.  All these documents were in his military records and available for review. 

8.  His record indicates he is entitled to additional awards that are not shown on his DD Form 214.

9.  His record does not indicate he was awarded the AGCM.  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial.  

10.  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 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 he/she could not have been convicted by court-martial.

11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 shows during his service in Vietnam, campaign participation was awarded for the following three campaigns:  the Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970); DA Sanctuary Counteroffensive (1 May 1970 – 30 June 1970); and the Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971).  

12.  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 the unit to which the applicant was assigned was cited for the:

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service during the period 25 April 1968 – 9 February 1970, by Department of the Army General Orders (DAGO) Number 43, 1970 
* VUA, for service during the period 1 May 1970 – 29 June 1970, by DAGO Number 43, 1972 

13.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show the ARCOM, AGCM, NDSM, VUA, 3 bronze stars to be added to his already-awarded VSM, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar was carefully considered. 

2.  The NDSM is already documented on his DD Form 214; therefore, there is no correction or action needed with respect to the NDSM.

3.  General orders awarded him the ARCOM; however, this award is not reflected on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show he was awarded the ARCOM.  

4.   He served honorably from 15 January 1968 to 3 December 1970.  His record shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the first award of the AGCM.  Therefore, as a matter of equity, it would be appropriate to award him the AGCM (1st Award) and correct his DD Form 214 to show this award.

5.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  This award is not shown on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show it.  

6.  He participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to 3 bronze service stars for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

7.  General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the VUA.  These unit awards are not shown on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show them.

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 15 January 1968 to
3 December 1970; and

	b.  amending his DD Form 214 by deleting the "Vietnam Service Medal" and adding the:
   
* Army Commendation Medal 
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Valorous Unit 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20140017568



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