BOARD DATE:	  11 August 2015

		DOCKET NUMBER:  AR20140021772 


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 he was awarded the Army Commendation Medal (ARCOM) and the Army Good Conduct Medal (AGCM).

2.  The applicant states the build-up in Vietnam was the reason the awards were omitted from his DD Form 214.

3.  The applicant provides his DD Form 214, DA Form 2166 (Commander's Evaluation Report), orders, and a certificate.

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's records show he enlisted in the Regular Army on 
15 November 1963.

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

	a.  item 31 (Foreign Service), he served in the Republic of Vietnam from 8 December 1965 to 4 November 1966;

	b.  item 38 (Record of Assignments), he was assigned to:

		(1)  Company B, 62d Engineer Battalion (Combat) 16 December 1965 to 15 April 1966;

		(2)  Company C, 62d Engineer Battalion (Combat) 16 April to 1 November 1966; and

		(3)  he had all "excellent" conduct and efficiency ratings; and

	c.  item 41 (Awards and Decorations), no award of the ARCOM or AGCM.

4.  His records contain and he submitted General Orders Number 11, dated 6 December 1966, which show he was awarded the ARCOM for meritorious service from November 1965 to October 1966.

5.  He submitted:

	a.  a certificate which shows he was awarded an ARCOM on 6 December 1996 for meritorious service in the Republic of Vietnam from November 1965 to October 1966 and

	b.  a DA Form 2166 which shows he received a Commander's Evaluation Report on 15 October 1966.

6.  His DD Form 214 shows:

	a.  he was released from active duty on 5 November 1966 after serving honorably for 2 years, 11 months, and 21 days; and

	b.  in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
7.  There is no evidence of any derogatory information or a commander's statement that would have disqualified him from being awarded the first award of the AGCM.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 62d Engineer Battalion was cited for the following awards when the applicant was assigned to this battalion:

	a.  Meritorious Unit Commendation for action during the period August 1965 to March 1966, by Department of the Army General Orders (DAGO) Number 3, dated 1967; and

	b.  Meritorious Unit Commendation for the period April to December 1966 by DAGO Number 17, dated 1968.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Vietnam Service Medal 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

	b.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, the applicant participated in the following three campaigns:

* Vietnam Defense Campaign (8 March 1965 to 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 to 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 to 31 May 1967)




DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the ARCOM.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

2.  The available evidence confirms the applicant served in the Regular Army from 15 November 1963 to 5 November 1966.  His records show he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence of any derogatory information that would have disqualified the applicant from award of the AGCM (1st Award).  Therefore, it would be appropriate to award the applicant the AGCM (1st Award) and correct his DD Form 214 to show this award.

3.  DAGO awarded the applicant's unit two Meritorious Unit Commendations and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to have his DD Form 214 corrected to show these awards.

4.  Records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars with his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these 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 Army Good Conduct Medal (1st Award) for the period 15 November 1963 to 5 November 1966;

	b.  deleting award of the Vietnam Service Medal from his DD Form 214; and

	c.  adding the following awards to his DD Form 214:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20140021772



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ABCMR Record of Proceedings (cont)                                         AR20140021772



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