IN THE CASE OF:	

		BOARD DATE:	  28 July 2015

		DOCKET NUMBER:  AR20140020411 


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 Purple Heart (PH) (2nd Award), Bronze Star Medal (BSM) (2nd Award), and Combat Infantryman Badge (CIB). 

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

3.  The applicant provides 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 of the United States on 4 August 1969.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he held was sergeant (SGT)/pay grade E-5. 

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

     a.  Item 31 (Foreign Service), he was credited with service in the Republic of Vietnam (RVN) beginning on 6 January 1970.

     b.  Item 38 (Record of Assignments), during the period 16 January 1970 to 
27 November 1970, he served with C Troop, 3rd Squadron, 4th Cavalry, 25th Infantry Division; during the period 28 November 1970 to 6 December 1970, he served with Company A, 1st Battalion, 5th Cavalry, 1st Cavalry Division (Airmobile); and during the period 7 December 1970 to 3 March 1971, he served with the 15th Administration Company, 1st Cavalry Division (Airmobile) 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) 
* Combat Infantryman Badge (CIB)
* Army Commendation Medal (ARCOM)
* RVN Campaign Medal with Device (1960)
* Overseas Service Bar 
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar and Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  Headquarters, 25th Infantry Division issued the following orders:

   a.  General Order Number 8153, dated 25 July 1970, awarding the applicant the BSM for meritorious achievement in connection with military operations against a hostile force.

   b.  Special Order Number 218, dated 6 August 1970, awarding the applicant the CIB.

	c.  GO Number 9400, dated 1 September 1970, awarding him the PH for wounds received in connection with military operations against a hostile force on 8 August 1970.

     d.  GO Number 10016, dated 1 October 1970, awarding him the PH (2nd Award) for wounds received in connection with military operations against a hostile force on 28 September 1970.

     e.  GO Number 10736, dated 1 November 1970, awarding him the BSM (2nd Award) for meritorious service in connection with military operations against a hostile force.

5.  He was honorably released from active duty on 9 March 1971 and transferred to the U.S. Army Reserve.  He completed 1 year, 7 months, and 6 days of total active service.

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

* NDSM
* ARCOM
* RVN Campaign Medal with Device (1960)
* VSM
* BSM

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.  

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

10.  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.  




11.  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 Winter - Spring 1970 (1 November 1969 to 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971)

12.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  

	a.  C Troop, 3rd Squadron,  4th Cavalry, was cited for award of the:

* Valorous Unit Award (VUA) for the period 1 May through 29 June 1970 by Department of the Army (DAGO) 43, dated 1972
* RVN Civil Actions Honor Medal First Class Unit Citation for the period  12 July 1966 through 7 April 1970 by DAGO 53, dated 1970 
* RVN Gallantry Cross with Palm Unit Citation for the periods 1 May through 28 June 1970 by DAGO 55, dated 1971; 1 April 1969 through  30 April 1970 and 29 June through 30 September 1970 by DAGO 5, dated 1973

	b.  1st Battalion, 5th Cavalry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 21 February 1970 through 28 February 1971 by DAGO 42, dated 1972.

13.  DA Pamphlet 672-3 states not more than one RVN Gallantry Cross 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.  

DISCUSSION AND CONCLUSIONS:

1.  Orders awarded him the PH (2nd Award), BSM (2nd Award), and the CIB.  Therefore, he is entitled to correction of his DD Form 214 to show these awards. 

2.  He received "excellent" conduct and efficiency ratings during his service, he was promoted to SGT, 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) and correct his DD Form 214 to show this award.

3.  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.

4.  He served in units during periods for which they were cited for award of the VUA, RVN Civil Actions Honor Medal First Class Unit Citation, and three awards of the RVN Gallantry Cross with Palm Unit Citation.  He is entitled to correction of his DD Form 214 to show these unit awards.

5.  Records show he was awarded the Sharpshooter Marksmanship Qualification Badge with Grenade Bar and Rifle Bar (M-16) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  He is entitled to correction of his 
DD Form 214 to show these 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 4 August 1969 through 9 March 1971; and

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

* PH (2nd Award)
* AGCM (1st Award)
* BSM (2nd Award) 
* CIB
* VSM with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation (3rd Award)
* RVN Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar and Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 



      _______ _   __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)                                         AR20140020411





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ABCMR Record of Proceedings (cont)                                         AR20140020411



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