IN THE CASE OF:	  

		BOARD DATE:	  9 June 2015

		DOCKET NUMBER:  AR20140018228 


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 five campaigns; however, the fifth campaign was not officially named until after he departed.  Also, his unit was awarded the RVN Gallantry Cross with Palm Unit Citation after he was separated from the Army.

3.  The applicant provides copies of his DD Form 214 and DD Form 215 (Correction to DD Form 214); extracts of the regulatory guidance for the awards; and Department of the Army General Orders (DAGO) Number 8, dated 19 March 1974.

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 22 November 1967 for a period of 3 years.  He was awarded military occupational specialty 12B (Combat Engineer).

3.  He was promoted to specialist four (SP4)/E-4 on 21 September 1968.

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

* item 31 (Foreign Service) – Vietnam from 24 April 1968 through 8 October 1969
* item 38 (Record of Assignments) – Company A, 299th Engineer Battalion (Combat), from 1 May 1968 through 8 October 1969
* item 39 (Campaigns) – 

* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* Tet Counteroffensive 1969 (Phase Tet 69)
* Vietnam Counteroffensive (Phase Unknown)

* item 41 (Awards and Decorations) – 

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

5.  His DD Form 214, as corrected by a DD Form 215 issued on 21 April 2014, shows he was honorably released from active duty on 20 February 1970.

   a.  He had completed 2 years, 2 months, and 29 days of total active duty service this period that included 1 year, 5 months, and 14 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 with 4 Bronze Service Stars
* RVN Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Valorous Unit Award

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to reveal any award orders pertaining to the applicant.

7.  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.

8.  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.

9.  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.  

10.  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.  A silver service star is authorized in lieu of five bronze service stars.

	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 IV (2 April 1968 – 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November - 22 February 1969)
* Tet Counteroffensive 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  Paragraph 6d shows DAGO Number 8 (1974) announced award of the RVN Gallantry Cross with Palm Unit Citation 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 evidence of record shows the applicant qualified for award of the VSM and he participated in five campaigns during his service in Vietnam.  Thus, he is authorized one silver service star for wear on his already-awarded VSM.

2.  DAGO Number 8 (1974) awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation.

3.  The applicant served a period of continuous, honorable active duty enlisted service from 22 November 1967 through 20 February 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 promoted to SP4 (E-4) with less than 10 months of active duty and he received all "excellent" conduct and efficiency ratings during his service.

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

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


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 Army Good Conduct Medal (1st Award) for the period 
22 November 1967 through 20 February 1970 (Standard Name Line:  SP4, Company A, 16th Engineer Battalion, 1st Armored Division, Fort Hood, TX  76545);

   b.  deleting from item 24 of his DD Form 214 the "Vietnam Service Medal w/4 Bronze Service Stars"; and

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 1 silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation




      _______ _   _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)                                         AR20140018228



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ABCMR Record of Proceedings (cont)                                         AR20140018228



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