IN THE CASE OF:	

		BOARD DATE:	  30 June 2015

		DOCKET NUMBER:  AR20140018910 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal (BSM) with "V" Device, the Army Commendation Medal (ARCOM), and the Air Medal (AM) and to show the correct number of service stars he is authorized to wear with his Vietnam Service Medal (VSM).

2.  The applicant states his awards should include award of the Bronze Star Medal (BSM) with "V" Device, the Army Commendation Medal (ARCOM), and the Air Medal (AM).  His VSM should not have two bronze service stars.  

3.  The applicant provides:

* ARCOM Certificate
* AM Certificate
* orders 

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                  27 December 1965.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he attained was sergeant.

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 6 June 1966.through 4 June 1967

      b.  Item 38 (Record of Assignments) where recorded, he received "excellent" conduct and efficiency ratings and he was fully Qualified for reenlistment.

	c.  Item 41 (Awards and Decorations):

* National Defense Service Medal (NDSM)
* VSM
* Combat Infantryman Badge (CIB)
* Purple Heart (PH)
* RVN Campaign Medal with Device (1960)

4.  Headquarters, 1st Cavalry Division (Airmobile) issued the following orders:

   a.  General Orders (GO) Number 5082, dated 3 September 1967, awarding him the BSM with "V" Device for heroism in connection with military operations against a hostile forcein the RVN  on 28 March 1967.  His unit is listed as Company B, 2nd Battalion, 7th Cavalry in the RVN.
   
   b.  GO Number 3517, dated 26 June1967, awarding him the ARCOM for meritorious service in the RVN  from June 1966 to June 1967.  His unit is listed as Company B, 2nd Battalion, 7th Cavalry.
   
   c.  GO Number 1716, dated 14 April 1967, awarding him the AM for meritorious achievement while participating in aerial flight from June 1966 to March 1967 in the RVN His unit is listed as Company B, 2nd Battalion, 7th Cavalry.


5.  He was honorably released from active duty on 14 December 1967 and transferred to the U.S. Army Reserve.  He completed 1 year, 11 months, and 
18 days of total active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was authorized the following:

* NDSM
* VSM with two bronze service stars
* RVN Campaign Medal with Device (1960)
* CIB
* PH

7.  His record is void of orders awarding him the Army Good Conduct Medal (AGCM).

8.  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.

9.  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.  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) states a bronze service star is worn on the VSM for each credited campaign listed in appendix B.  His service in Vietnam coincided with three campaigns:

* Vietnam Counteroffensive (25 December 1965 to 30 June 1966)
* Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968)

11.  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 show Company B, 2nd Battalion, 7th Cavalry, was awarded the:  

* Presidential Unit Citation (PUC) for the period 12 December 1966 to         18 February 1967, by Department of the Army General Order (DAGO) Number 2, dated 1973
* RVN Gallantry Cross with Palm Unit Citation for the period 17 November 1965 to 19 May 1969, by DAGO 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  Orders awarded him the AM, ARCOM, and 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 three campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on his previously-awarded VSM.

3.  Where recorded, his conduct and efficiency ratings were "excellent."  He was promoted to SGT/E-5, and there is no record of any disciplinary action taken against him.  There is also no evidence of a commander's disqualification for award of the AGCM.  Based on his overall record of service, it appears that an administrative error occurred resulting in the applicant not being recommended 
for or awarded the first award of the AGCM.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 27 December 1965 through 14 December 1967 and to correct his DD Form 214 to show this award.

4.  He served with Company B, 2nd Battalion, 7th Cavalry, during the period for which the unit was awarded the PUC and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 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.  deleting from his DD Form 214 the VSM with two bronze service stars; 

	b.  awarding him the AGCM (1st Award) for the period 27 December 1965 to 14 December 1967; and 

	c.  adding to his DD Form 214 the:

* AGCM (1st Award)
* VSM with three bronze service stars
* AM
* ARCOM
* BSM with "V" Device
* RVN Gallantry Cross with Gold Star Unit Citation
* RVN 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)                                         AR20140018910



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ABCMR Record of Proceedings (cont)                                         AR20140018910



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