IN THE CASE OF:  
	  

		BOARD DATE:  15 September 2015	  

		DOCKET NUMBER:  AR20150000988 


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, 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) (3rd Award) with "V" Device. 

2.  The applicant states all of his medals are not listed on his DD Form 214.

3.  The applicant provides:

* orders
* three ARCOM Certificates
* ARCOM Citation

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                  17 October 1968.  He completed training and was awarded military occupational specialty 11B (Infantryman).  The highest grade he attained was sergeant (SGT).

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served a tour of duty in the RVN beginning on 3 November 1969.

	b.  Item 38 (Record of Assignments) shows that during the period                    13 November 1969 until his separation he served with the 2nd Battalion, 14th Infantry, 25th Infantry Division in the RVN.  He received all "excellent" conduct and efficiency ratings throughout his military service with the exception of one period for which he received a "good" (academic) efficiency rating and "excellent" conduct rating. 

     c.  Item 41 (Awards and Decorations) shows the following:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM) 
* RVN Campaign Medal with Device (1960) 
* Combat Infantryman Badge (CIB)
* ARCOM (2nd Award) 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  Headquarters, 25th Infantry Division, issued the following orders:

    a.  General Order (GO) Number 545, dated 19 January 1970, awarding the applicant the ARCOM with "V" Device for heroism in connection with military operations against a hostile force on 23 December 1969. 

     b.  GO Number 1890, dated  20 February 1970, awarding the applicant the ARCOM (2nd Award) with "V" Device for heroism in connection with military operations against a hostile force on 28 December 1969.

     c.  GO Number 3352, dated 31 March 1970, awarding the applicant the ARCOM for meritorious achievement in connection with military operations against a hostile force from 1 February 1970 to 31 March 1970.

     d.  GO Number 3790, dated 13 April 1970,  amended GO 3352 by awarding the applicant the ARCOM (3rd Award) for meritorious achievement in connection with military operations against a hostile force from 1 February 1970 to              31 March 1970.

     e.  GO Number 8936, dated 18 August 1970, awarding the applicant the Bronze Star Medal (BSM) for meritorious service in connection with military operations against a hostile force from October 1969 to October 1970.

5.  On 21 August 1970, he was honorably released from active duty as a   SGT/E-5 after completing 1 year, 10 months, and 5 days of total active service.  His DD Form 214 shows he was awarded or authorized the:

* NDSM
* VSM
* RVN Campaign Medal with Device (1960)
* CIB
* ARCOM (2nd Award)

6.  His record is void of documentation showing he was the subject of any disciplinary action during his active duty service.

7.  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.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  

8.  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 three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 to 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971)

9.  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 2nd Battalion, 14th Infantry, 25th Infantry Division was cited for award of the:

* RVN Civil Actions Honor Medal First Class Unit Citation for the period       1 January 1966 through 21 January 1970 by Department of the Army (DAGO) 51, dated 1971
* RVN Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970, by DAGO 5, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the ARCOM (3rd Award) with "V" Device and the BSM.  He is entitled to correction of his DD Form 214 to show these awards.  

2.  His conduct and efficiency ratings were "excellent," with the exception of one "good" academic rating, and he was promoted to SGT/E-5.  There is no evidence of misconduct in his record.  In view of the available evidence, it would be appropriate to award him the AGCM (1st Award) for his period of active duty service from 17 October 1968 to 21 August 1970 and to correct his DD Form 214 to show this award.

3.  He was awarded the VSM and he participated in three campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on his previously-awarded VSM.

4.  He served with 2nd Battalion, 14th Infantry, 25th Infantry Division, during the period for which the unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with   Rifle Bar (M-16).  He is entitled to correction of his DD Form 214 to show these badges.

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 17 October 1968 through 21 August 1970, and

	b. correcting his DD Form 214 by deleting the VSM and the ARCOM (2nd Award) and adding the – 

* AGCM (1st Award)
* ARCOM (3rd Award) with" V" Device
* BSM
* VSM with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)





      ____________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)                                         AR20150000988





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ABCMR Record of Proceedings (cont)                                         AR20150000988



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