IN THE CASE OF:	  

		BOARD DATE:	  23 July 2015

		DOCKET NUMBER:  AR20140020622 


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 the award is not listed on his DD Form 214. 

3.  The applicant provides his DD Form 214 and a newspaper article. 

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 11 August 1966.  He was awarded military occupational specialty 11C (Indirect Fire Infantryman).  The highest rank he held was specialist five (SP5). 
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 7 January 1967.

     b.  Item 38 (Record of Assignments) shows that during the period 10 January 1967 to 15 May 1968 he served with Headquarters, Company A, 709th Maintenance Battalion, 9th Infantry Division, in the RVN.  He received all "excellent" conduct and efficiency ratings.

4.  General Orders (GO) Number 7754, issued by Headquarters, 9th Infantry Division, dated 31 December 1967, show he was awarded the ARCOM for meritorious service in connection with military operations against a hostile force in the RVN.

5.  He was honorably released from active duty on 19 May 1968 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:

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

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 four campaigns:

* Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967)
* Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968)
* Tet Counteroffensive (30 January 1968 to 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 1968)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the applicant's units were cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by Department of the Army (DAGO) 31, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 16 December 1966 through 28 June 1969 by DAGO 59, dated 1969

DISCUSSION AND CONCLUSIONS:

1. Orders awarded him the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

2.  He received "excellent" conduct and efficiency ratings during his service, he was promoted to SP5, 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 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.

4.  He served with 709th Maintenance Battalion, 9th Infantry Division during periods for which the unit was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation and the RVN Gallantry Cross with Palm Unit Citation.  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.  awarding him the AGCM (1st Award) for the period 11 August 1966 to 19 May 1968, and

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

* ARCOM
* AGCM (1st Award)
* 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)                                         AR20140020622





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ABCMR Record of Proceedings (cont)                                         AR20140020622



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