IN THE CASE OF:  

		BOARD DATE:  	  14 July 2015

		DOCKET NUMBER:  AR20140021323


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, to correct his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the award of the Soldier's Medal and be awarded the Army Good Conduct Medal (AGCM).     

2.  The applicant states he did not receive the Soldier's Medal until after he was discharged and that it was an oversight on not being awarded the AGCM.  

3.  The applicant provides a copy of his DD Form 214, a copy of the citation for the Soldier's Medal, and page 3 of his DA Form 20 (Enlisted Qualification Record).  

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 enlisted in the Regular Army on 3 August 1964.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).   

3.  His DA Form 20 shows he was assigned to Company C, 3rd Battalion, 7th Infantry, 199th Infantry Brigade, during his service in the Republic of Vietnam from on or about 22 December 1966 through on or about 9 July 1967.

4.  On 11 July 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge (First Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  A review of his record reveals General Orders Number 477 issued by Headquarters, II Field Force Vietnam, dated 1 June 1968, awarded him the Soldier's Medal for distinguishing himself by heroism not involving actual conflict with an armed hostile force while serving with Company C, 3d Battalion, 7th Infantry, 199th Infantry Brigade (Separate) (Light), in the Republic of Vietnam on the morning of 8 April 1967. 

6.  There is no indication in his available record that shows he was awarded the AGCM.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15, Uniform Code of Military Justice.

7.  He provides a copy of the citation for the Soldier's Medal, which awards him the medal for his actions on 8 April 1967 and a copy of page 3 of his DA Form 20 that shows he received all "excellent" conduct and efficiency ratings throughout his service. 

8.  His record indicates he is entitled to additional awards that are not shown on his DD Form 214.

9.  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 the unit to which the applicant was assigned was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1966 through 31 August 1970, by Department of the Army General Order (DAGO) Number 51, dated 1971.

10.  Special Orders Number 39 issued by Headquarters, 1st Battalion, 4th Infantry, APO, U.S. Forces, dated 28 April 1965, awarded him the Second Class Gunner (known now as the Marksman) Marksmanship Qualification Badge with Machinegun Bar (M-60).

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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, and he/she could not have been convicted by court-martial.

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 shows during his service in Vietnam, campaign participation credit was awarded for the following two campaigns:  the Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967), and the Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968).

13.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DD Form 214 to show the award of the Soldier's Medal and be awarded the AGCM appears to have merit.

2.  General Orders Number 477 awarded him the Soldier's Medal.  This award is not on his DD Form 214; therefore, it would be appropriate to correct his           DD Form 214 to bvcdfxtr bvn show this award. 

3.  He served honorably from 3 August 1964 to 11 July 1967.  His record shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.
4.  The evidence of record shows the applicant was assigned to Company C, 3rd Battalion, 7th Infantry, 199th Infantry Brigade during his service in the Republic of Vietnam.  General Orders awarded this unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the time he served in the unit.  Therefore, it would be appropriate to correct his DD Form 214 and show these unit awards. 

5.  Special orders awarded him the Second Class Gunner (known now as the Marksman) Marksmanship Qualification Badge with Machinegun Bar (M-60).  This award is not shown on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show it.  

6.  He participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his previously-awarded Vietnam Service Medal and to correction of his DD Form 214 to show these bronze service stars.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 3 August 1964 to       11 July 1967; and

     b.  amending his DD Form 214 by deleting the Vietnam Service Medal and adding the:
   
* Soldier's Medal
* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60) 
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam 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)                                         AR20100015543



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140021323



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1