IN THE CASE OF:	  

		BOARD DATE:	  16 July 2015

		DOCKET NUMBER:  AR20140019178 


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 Commendation Medal (ARCOM).

2.  The applicant states he was awarded the ARCOM; however, it is not recorded on his DD Form 214.

3.  The applicant provides copies of two pictures of his ARCOM medal 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.  The applicant was inducted into the Army on 8 March 1966.  He was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic).

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

* item 31 (Foreign Service), he served in Vietnam from 2 May 1967 through his expiration term of service (28 February 1968)
* item 38 (Record of Assignments) –

* Service Battery, 6th Howitzer Battalion, 15th Artillery, 1st Infantry Division, from 1 May 1967 through 26 September 1967
* Battery A, 6th Howitzer Battalion, 15th Artillery, 1st Infantry Division, from 27 September 1967 through 25 February 1968

4.  Headquarters, 1st Infantry Division, General Orders Number 1740, dated 
28 February 1968, awarded the applicant the ARCOM for meritorious service in the Republic of Vietnam (RVN) from March 1967 to February 1968.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 28 February 1968.

   a.  He had completed 1 year, 11 months, and 21 days of total active service that included 9 months and 26 days of foreign service.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the –

* National Defense Service Medal
* RVN Campaign Medal with Device (1960)
* Vietnam Service Medal (VSM)

6.  A review of the applicant's military personnel record reveals he may be entitled to additional awards that are not shown on his DD Form 214.

7.  Headquarters, 6th Howitzer Battalion (105mm) (Towed), 15th Artillery, Fort Sill, OK, Special Orders Number 39, dated 23 March 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
(M-16).

8.  Headquarters, 1st Infantry Division, General Orders Number 1538, dated 
23 February 1968, awarded the applicant the Army Good Conduct Medal (AGCM) (1st Award) for exemplary behavior, efficiency, and fidelity from 8 March 1966 to date of separation (28 February 1968).
9.  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.

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.

	b.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following three campaigns –

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 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.  It states not more than one RVN Civil Actions Honor Medal First Class Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  It also shows the 6th Howitzer Battalion was cited for award of the –

* Meritorious Unit Commendation for the period 1 January 1968 through 
31 January 1969 in Department of the Army General Orders (DAGO) Number 36, 1970
* RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 in DAGO Number 21, 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period –

* May 1967 through April 1968 in DAGO Number 53, 1970
* 1 May 1967 through 21 November 1969 in DAGO Number 51, 1971


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows:

a. general orders awarded the applicant the –

* ARCOM
* AGCM (1st Award)

   b.  the applicant qualified for award of the VSM and he participated in three campaigns during his service in Vietnam.  Thus, he is authorized three bronze service stars for wear on his already-awarded VSM;

   c.  general orders awarded the applicant's unit the –

* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation (two awards)

   d.  special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar  (M-16).

2.  Therefore, 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.  deleting from item 24 of his DD Form 214 the "Vietnam Service Medal" 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
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 



      ____________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)                                         AR20140019178



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ABCMR Record of Proceedings (cont)                                         AR20140019178



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