IN THE CASE OF:  	  

		BOARD DATE:  30 June 2015	  

		DOCKET NUMBER:  AR20140019559 


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 the following awards:

* Army Good Conduct Medal (AGCM)
* Presidential Unit Citation (PUC)
* Vietnam Service Medal (VSM) with two bronze service stars
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar

2.  The applicant states the above medals are not listed on his DD Form 214. 

3.  The applicant provides:

* DD Form 214
* DA Form 1577 (Authorization for Issuance of Awards)
* Casework Authorization Form from Congress 

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 9 August 1965.  After completing initial entry training, he was awarded military occupational specialty 11D (Armor Reconnaissance Specialist).  The highest rank he attained was specialist four (SP4).

3.  He was assigned to Troop A, 1st Squadron, 4th Cavalry in Vietnam from
4 January to 4 December 1966.  He participated in two campaigns.  

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

* item 29 (Qualifications in Arms) – Marksman Marksmanship Qualification Badge with Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* item 38 (Record of Assignments) – he received all "excellent" conduct and efficiency ratings

5.  On 8 August 1967, he was honorably released from active duty after completing 2 years of total active service.  His DD Form 214 shows he was awarded or authorized the:

* VSM with one bronze service star
* RVN Campaign Medal with Device (1960)
* National Defense Service Medal
* Purple Heart (2nd Award)

6.  His record is void of documentation showing he was the subject of any disciplinary action during his active duty service.  

7.  A review of his record indicates he is entitled to additional awards not listed on his DD Form 214.

8.  Army Regulation 600-8-22 states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  


9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.

10.  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 Troop A, 1st Squadron, 4th Cavalry, was cited for award of the:

* PUC for the period June to July 1966, by Department of the Army GO (DAGO) 31, dated 1967
* RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968, by DAGO 21, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant received "excellent" conduct and efficiency ratings during his service, he was promoted to SP4, and there is no record of any disciplinary action taken against him.  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      9 August 1965 through 8 August 1967 and to correct his DD Form 214 to show this award.

2.  He was awarded the VSM with one bronze service star; however, he participated in two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on his previously-awarded VSM.

3.  He served with Troop A, 1st Squadron, 4th Cavalry, during periods for which the unit was cited for award of the PUC and the RVN Gallantry Cross with Palm Unit Citation.  It would be appropriate to correct his DD Form 214 to show these unit awards.  

4.  Records show he met the qualifications for award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Marksman Marksmanship Qualification Badge with Pistol Bar.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.
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 9 August 1965 to          8 August 1967; and

	b.  amending his DD Form 214 by deleting the VSM with one bronze service star and adding the: 

* AGCM (1st Award)
* VSM with two bronze service stars
* PUC
* RVN Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Pistol 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)                                         AR20140019559



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ABCMR Record of Proceedings (cont)                                         AR20140019559



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