IN THE CASE OF:  
	  

		BOARD DATE:  30 June 2015	  

		DOCKET NUMBER:  AR20140018882 


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 award of the Army Good Conduct Medal (AGCM), the Army Commendation Medal (ARCOM), and the Bronze Star Medal (BSM) with "V" Device.

2.  The applicant states when he returned from Vietnam he received a packet that contained citations for the AGCM, the ARCOM, and the BSM with "V" Device for heroism.  The awards are not listed on his DD Form 214.

3.  The applicant provides:

* DA Form 2496 (Disposition Form)
* Orders
* BSM Certificate
* ARCOM Certificate and Citation 

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 was inducted into the Army of the United States on                     7 December 1967.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he attained was specialist four /E-4).

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information in:

	a.  Item 31 (Foreign Service) shows he served a tour of duty in the Republic of Vietnam (RVN) beginning on 15 June 1968.

	b.  Item 38 (Record of Assignments) shows that during the period 1 July 1968 to 12 June 1969 he served with Company C, 1st Battalion, 22nd Infantry, 4th Infantry Division in the RVN.  He received all "excellent" conduct and efficiency ratings.
  
	c.  Item 41 (Awards and Decorations):

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

4.  Headquarters, 4th Infantry Division issued the following orders:

   a.  General Orders (GO) Number 3317, dated 21 June 1969, awarding him the BSM with "V" Device for heroism in connection with military operations against an armed hostile force in the RVN on 3 April 1969.
   
   b.  GO Number 3096, dated 16 June 1969, awarding him the ARCOM for meritorious service in the RVN  from June 1968 to June 1969.
   
5.  He was honorably released from active duty on 15 September 1969 and transferred to the U.S. Army Reserve.  He completed 1 year, 9 months, and 
9 days of total active service.


6.  His DD Form 214 shows he was authorized the following:

* NDSM
* VSM
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Overseas Service Bar

7.  A DA Form 2496 (Disposition Form), dated 10 September 1969 shows he was eligible for award of the AGCM.

8.  His record is void of orders awarding him the AGCM.

9.  His record is void of documentation showing he was the subject of any disciplinary action during his active duty service.  There is also no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the AGCM.

10.  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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for the AGCM.

11.  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.  There must have been no convictions by a court-martial.

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the VSM for each credited campaign listed in appendix B.  His service in Vietnam coincided with four campaigns:

* Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969)
* Tet 69 Counteroffensive (23 February 1969 to 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 to 231 October 1969)



13.  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 4th Infantry Division was cited for the following awards:

* RVN Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969 by Department of the Army General Order (DAGO) 3, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation  for the period
* 1 October 1966 to 31 October 1969 by DAGO 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  Orders awarded him the ARCOM and the BSM with "V" Device.  He is entitled to correction of his DD Form 214 to show these awards.

2.  He was awarded the VSM and he participated in four campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on his previously-awarded VSM.

3.  He received all "excellent" conduct and efficiency ratings throughout his service and evidence show he was eligible for award of the AGCM.  In light of this evidence and his overall record of service, it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of active Federal service from 7 December 1967 to 15 September 1969 and to correct his DD Form 214 to show this award.

4.  He served with the 4th Infantry Division during periods for which the unit was awarded the RVN Civil Actions Honor Medal First Class unit Citation and the RVN Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be corrected to show these unit awards.

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 7 December 1967 to 15 September 1969, and

	b. correcting his DD Form 214 by deleting the VSM and adding the – 

* AGCM (1st Award)
* ARCOM
* BSM with "V" Device
* VSM with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class 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)                                         AR20140018882





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ABCMR Record of Proceedings (cont)                                         AR20140018882



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