IN THE CASE OF:	  

		BOARD DATE:	  9 July 2015

		DOCKET NUMBER:  AR20140018776 


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); however, his DD Form 214 does not show any of his awards pertaining his service in RVN.
He adds that he was awarded the National Defense Service Medal, but he never received the medal set.

3.  The applicant provides copies of 2 pages of his DA Form 20 (Enlisted Qualification Record), two assignment orders, promotion orders, an award letter, and his DD Form 214.

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.  Service medals and awards are not issued by the ABCMR.  However, the applicant may obtain his medals by submitting a request in writing to:  National Personnel Records Center (NPRC), ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri  63132-5100.  The applicant can find additional information concerning eVetRecs on the NPRC website at:  http://www.archives.gov/st-louis/military-personnel/.

3.  The applicant was inducted into the Army of the United States on 17 June 1970.  He was awarded military occupational specialty 76A (Supply Clerk).

4.  His DA Form 20 shows in –

* item 31 (Foreign Service), he served in Vietnam from 20 November 1970 through 11 December 1971
* item 33 (Appointments and Reductions), he was promoted to specialist four (SP4)/E-4, effective and with a date of rank of 18 February 1971
* item 38 (Record of Assignments):  U.S. Army Marine Maintenance Activity Vietnam from 21 November 1970 through 5 December 1971
* 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-16) Bar
* Expert Marksmanship Qualification Badge with Grenade Bar

5.  Headquarters, U.S. Army Training Center, Engineer, Fort Leonard Wood, MO, Special Orders Number 223, dated 11 August 1970, awarded the applicant the –

* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar
* Expert Marksmanship Qualification Badge with Grenade Bar

6.  Headquarters, U.S. Army Vietnam (USARV), General Orders Number 3105, dated 3 November 1971, awarded the applicant the Army Commendation Medal (ARCOM) for meritorious service in the RVN from November 1970 to November 1971.

7.  The applicant's DD Form 214 shows he was honorably released from active duty on 12 December 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training).

   a.  He had completed 1 year, 5 months, and 26 days of total active duty service this period that included 1 year and 22 days of foreign service.
   
   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal.

8.  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 additional award orders pertaining to the applicant.

9.  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, except for one short period rated "unknown."

10.  In support of his application the applicant provides the following additional documents.

   a.  Headquarters, U.S. Army Training Center, Infantry, Fort Polk, LA, Special Orders Number 288, dated 21 October 1970, that reassigned the applicant to the U.S. Army Overseas Replacement Station, Fort Lewis, WA, on 10 November 1970, for further assignment to the USARV Transient Detachment.

   b.  Special orders (SOs) issued by Headquarters, U.S. Army Support Command, Cam Ranh Bay, pertaining to the applicant that show the following –
   
* SO Number 325, dated 21 November 1970, assigned him to the U.S. Army Marine Maintenance Activity Vietnam on 21 November 1970
* SO Number 59, dated 28 February 1971, promoted him to SP4 (E-4), effective and with a date of rank of 18 February 1971

11.  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.  

12.  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.

	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 VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

	c.  The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

13.  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 Department of the Army General Orders (DAGO) Number 8 (1974) announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, USARV and its subordinate units during the period 
20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show all of his authorized awards.

2.  The evidence of record shows:

   a.  general orders awarded the applicant the ARCOM;
   b.  the applicant qualified for award of the VSM and he participated in three campaigns during his service in Vietnam.  Thus, he is authorized award of the VSM with three bronze service stars;

   c.  he qualified for award of the RVN Campaign Medal with Device (1960);

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

   e.  SOs awarded him the –

* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar

3.  The applicant served a period of continuous, honorable active duty enlisted service from 17 June 1970 through 12 December 1971.

   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) after just 8 months of active duty and he received "excellent" conduct and efficiency ratings during his service.

   c.  He was awarded the ARCOM for meritorious service in the RVN during the period November 1970 to November 1971.

   d.  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 
17 June 1970 through 12 December 1971 (Standard Name Line:  SP4,
U.S. Army Marine Maintenance Activity Vietnam, U.S. Army Vietnam), and

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

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 Bronze Service Stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) 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)                                         AR20140018776



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140018776



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1