BOARD DATE:	  27 August 2015

		DOCKET NUMBER:  AR20150000113 

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), Bronze Star Medal (BSM), a secret security clearance, and all Republic of Vietnam (RVN) service medals. 

2.  The applicant states he received an early discharge upon his return from Vietnam and was separated from service on temporary records and his affidavit. 

3.  The applicant provides:

* DD Form 214
* ARCOM Certificate
* ARCOM Citation
* General Orders Number 16156 awarding him the ARCOM
* BSM Certificate
* BSM Citation
* Letter from the Office of the Adjutant General informing him he had been awarded the BSM
* General Orders Number 06982 awarding him the BSM
* DA Form 2545 (Cryptographic Access Authorization, Briefing Certificates)

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.  On 16 October 1969, the applicant enlisted in the Regular Army.  After initial training, he was awarded military occupational specialty 05C (Radio Teletype Operator).

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

* Item 31 (Foreign Service) – he served in the RVN from 11 July 1970 to 
his separation date
* Item 38 (Record of Assignments) - he was assigned to the 23rd Administration Replacement Detachment and Headquarters and Headquarters Company (HHC), 11th Infantry Brigade during his RVN service
* Item 41 (Awards and Decorations) –

o National Defense Service Medal (NDSM)
o Vietnam Service Medal (VSM)
o ARCOM
o RVN Campaign Medal with Device (1960)
o Overseas Service Bar
o Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
o Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  On 9 July 1971, he was honorably released from active duty in pay grade E-4 and transferred to the U.S Army Reserve.  

5.  The applicant's DD Form 214 from the period ending 9 July 1971 shows he received the NDSM.

6.  General Orders (GO) Number 16156, issued by Headquarters, 23th Infantry Division, dated 17 December 1970, announced the award for the ARCOM to the applicant for meritorious achievement during the period 1 August 1970 to 
30 November 1970.  

7.  General Orders (GO) Number 06982, issued by Headquarters, 23rd Infantry Division, dated 22 June 1971, announced award of the BSM to the applicant for meritorious service in connection with military operations against a hostile force while assigned to HHC, 11th Infantry Brigade, 23rd Infantry Division from 1 July 1970 to 31 May 1971.  

8.  The applicant submitted a copy of DA Form 2545 showing he had been the subject of a favorable National Agency Check (NAC) and had been found clearable for classified information up to and including secret, dated 
10 August 1970.

9.  A review of the applicant's service record reveals that he participated in the following three Vietnam campaigns:

* DA Sanctuary Counteroffensive, 1 May 1970 – 30 June 1971
* Vietnam Counteroffensive, Phase VII, 1 July 1970 – 30 June 1971
* Consolidation I, 1 July 1971 – 30 June 1971

10.  DAGO Number 6, dated 1974, announced the award of the RVN Gallantry Cross with Palm Unit Citation to HHC, 11th Infantry Brigade for the period 
1 April 1971 to 30 June 1971.

11.  His record is void of documentation showing he was the subject of disciplinary action during his active duty service.  He received all "excellent" conduct and efficiency ratings.  

12.  Army Regulation 600-8-22 (Military Awards) states the RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

13.  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 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.  

14.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by the units serving in Vietnam.  This pamphlet shows the HHC, 11th Infantry Brigade was cited for award of RVN the Gallantry Cross with Palm Unit Citation, (DAGO) 6, dated 1974.

16.  Army Regulation 635-5 (Separation Documents), then in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The regulation does not provide for entering a servicemember’s security clearance on the 
DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the BSM and the ARCOM.  

2.  GO 6, dated 1974 shows the applicant’s unit was awarded the RVN Gallantry Cross with Palm Unit Citation.  

3.  He received "excellent" conduct and efficiency ratings during his service, he was promoted to E-4, and there is no record of any disciplinary action taken against him.  Based on his overall record of service, it appears that an administrative error occurred resulting in him 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) for the period 16 October 1969 to 
9 July 1971 and correct his final DD Form 214 to show this award.

4.  He was awarded the VSM and participated in three campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars. 

5.  The applicant completed a qualifying period of service in Vietnam for award of the RVN Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this award and issuance of the medal.

6.  Pursuant to Army Regulation 635-5, there is no requirement to list a servicemember’s security clearance on their DD Form 214.  



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 adding to his DD Form 214 the:

* VSM with three bronze service stars
* RVN Campaign Medal with Device (1960)
* BSM
* AGCM
* ARCOM
* 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 listing his security clearance on his DD Form 214.    
   


      
      __________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)                                         AR20140013405



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150000113



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1