IN THE CASE OF:	  

		BOARD DATE:	  10 February 2015

		DOCKET NUMBER:  AR20140011215 


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 following: 

* Army Good Conduct Medal (AGCM)
* Meritorious Unit Commendation (MUC)
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation 

2.  The applicant states his DD Form 214 does not reflect the awards listed above. 

3.  The applicant provides orders and 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 enlisted in the Regular Army on 4 March 1966.  On
28 December 1966 he was discharged to accept appointment as a Reserve commissioned officer.  His DD Form 214 issued at that time shows he was awarded or authorized the National Defense Service Medal (NDSM) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

3.  On 29 December 1966, he entered active duty as a Reserve commissioned officer.
   
4.  His DA Form 66 (Officer Qualification Record) shows in item 18 (Record of Assignments) he was assigned to the 222nd Personnel Service Company during his service in Vietnam from 21 October 1967 through 10 October 1968.

5. General Orders Number 2, dated 27 April 1967, issued by Headquarters,14th Military Intelligence Battalion (Field Army), U.S. Continental Army Command Intelligence Center, Fort Bragg, NC, awarded him the Army Good Conduct Medal (1st award) for his enlisted service from 4 March 1966 to 28 December 1966.

6.  He was honorably released from active duty on 29 September 1969. His DD Form 214 shows he was awarded or authorized the following:

* Bronze Star Medal (BSM)
* NDSM
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Expert Field Medical Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

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

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the VSM for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with the following four campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968)
* Tet Counteroffensive  (30 January 1968 – 1 April 1968) 
* Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968)
 
9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.   It shows the 222nd PSC was awarded the MUC for the period              1 January 1968 through 31 March 1968. 

10.  Department of the Army Pamphlet 672-3 shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

11.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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.

DISCUSSION AND CONCLUSIONS:

1.  The AGCM was improperly awarded.  He had not met the criteria.  Therefore, it would be inappropriate to add this award to his DD Form 214.

2.  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.

3.  He served with the 222d Personnel Service Company during the period for which the company was cited for award of the MUC and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from his DD Form 214 for the period ending 29 September 1969 the VSM and adding the : 

* MUC
* VSM with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the AGCM.



      _______ _   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)                                         AR20140011215



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ABCMR Record of Proceedings (cont)                                         AR20140011215



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