IN THE CASE OF:	  

		BOARD DATE:	    24 September 2015

		DOCKET NUMBER:  AR20150001384


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

   a.  his secondary military occupational specialty (SMOS) as "M-60 Machine Gunner";
   
   b.  all awards to which he is entitled, to include:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Civil Actions First Class Unit Citation Streamer embroidered "Vietnam 1970-1971"
* Meritorious Unit Commendation (MUC)
* Expert Marksmanship Qualification Badge with Rifle Bar (M14)
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar

   c.  his service in Vietnam from November 1969 to November 1970.

2.  The applicant states:

	a.  he was not aware of the authorized awards and campaign streamers until a representative with the Department of Veterans Affairs advised him of this fact;


	b.  he served in Bong Son, South Vietnam, as the M-60 machine gunner for 3 months with Company B, 4th Platoon; and
	c.  he participated in the following campaigns:

* Summer-Fall 1969
* Winter-Spring 1970
* Sanctuary Counteroffensive
* Counteroffensive, Phase VI

3.  The applicant provides:

* National Personnel Records Center (NPRC) letter, dated 8 January 2015
* DD Form 214
* two self-authored statements
* Decorations, Campaign Participation, and Unit Award Listing (3 pages)
* 84th Engineer Battalion foreign unit award letter
* Cross of Gallantry-Vietnam Internet document (7 pages)

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 6 May 1969. His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 22 (Military Occupational Specialties) – 64A (Light-Wheeled Vehicle Driver);

	b.  Item 31 (Foreign Service) – he served in Vietnam from 2 December 1969 through 14 November 1970;


	c.  Item 38 (Record of Assignments): 

* Company B, 84th Engineer Battalion from 10 December 1969 to 26 May 1970 
* 513th Engineer Company from 4 June 1970 through 10 November 1970 
* he received “excellent” conduct and efficiency ratings during each of his active duty assignments

	d.  Item 41 (Awards and Decorations):  

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal (VCM)
* Expert Marksmanship Qualification Badge with Rifle Bar (M14)

3.  The applicant’s official military personnel file (OMPF) contains no other documents showing he qualified with any other weapons or orders awarding him marksmanship badges.  It also does not include any orders showing he was awarded a SMOS.

4.  On 2 April 1970, the applicant accepted non-judicial punishment under the provisions of the Uniform Code of Military Justice (UCMJ) for being found asleep at his post.  The punishment imposed was a reduction in grade from specialist four (SP4/E-4) to private (PV2/E-2), forfeiture of $47.00 pay for 1 month, and 30 days extra duty.

5.  The applicant’s OMPF contains no documents to show he was ever recommended for or awarded the Army Good Conduct Medal (AGCM) by the appropriate award authority.

6.  On 12 July 1970, the applicant prepared a DA Form 2496 (Disposition Form) wherein he requested an extension of his foreign service tour.  He indicated he departed the United States on 2 December 1969 on his current tour and was eligible to return on 1 December 1970.

7.  On 14 July 1970, his commander recommended approval of the applicant’s request and rated his conduct and efficiency as “excellent.”  On 28 July 1970, the approval authority approved the applicant’s foreign service tour extension request.

8.  His DA Form 20 shows in item 33 (Appointments and Reductions) he was promoted again to private first class (PFC/E-3) on 20 July 1970 and to SP4 on 16 September 1970.

9.  On 14 November 1970, the applicant was honorably released from active duty after completing 1 year, 6 months, and 9 days of active service.  His DD Form 214 shows he was credited with 11 months and 13 days in the U.S. Army Pacific (Vietnam) and item 30 (Remarks) shows this service was from 2 December through 13 November 1970.  His DD Form 214 lists the following awards in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized):

* NDSM
* VSM
* VCM

10.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy for individual and unit awards.  

	a.  A bronze service star is authorized for the VSM for participation in each named Vietnam campaign a member is credited with.  Appendix B shows that during his service in Vietnam participation credit was awarded for the following campaigns:

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

	b.  Paragraph 7-6 states that not more than one unit decoration will be awarded for the same act of heroism or the same period of meritorious service, and recognized periods of valorous and meritorious service must not overlap.

	c.  This regulation states that awards are made to organizations when the heroism displayed or meritorious service performed is a result of group effort.  Streamers are authorized as recognition of certain types of service, usually during war, as a means of promoting esprit de corps.  A unit will display a streamer on a flagstaff.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded 

during the Vietnam Conflict.  During the applicant's tenure of assignment in Vietnam, his unit (84th Engineer Battalion) was awarded the MUC by Department of the Army General Orders (DAGO) Number 6, dated 1974.  Both of his units in Vietnam were cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 6, dated 1974.

12.  Army Regulation 672-5-1 (Awards) stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

13.  DAGO Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units assigned to Vietnam from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record should reflect:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Civil Actions First Class Unit Citation Streamer embroidered "Vietnam 1970-1971"
* Meritorious Unit Commendation (MUC)
* Expert Marksmanship Qualification Badge with Rifle Bar (M14)
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
* his service in Vietnam from November 1969 to November 1970

2.  There is sufficient evidence to support a portion of the applicant’s claim.  Based on the applicant’s service and campaign participation in Vietnam, he is authorized 3 bronze service stars for wear on his already-awarded VSM, the Device (1960) to wear with his already awarded VCM, MUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  None of these awards are currently listed on his DD Form 214. 

3.  Although the applicant's record shows he accepted punishment under Article 15 of the UCMJ on 6 April 1970, for being asleep at his post in Vietnam, there is no evidence of record that shows this one disciplinary infraction was a true reflection of his overall record of service.  Just over 3 months after this offense, in July 1970, the applicant’s commander rated his conduct and efficiency as “excellent,” promoted him to PFC, and approved his request for a foreign service extension.  Subsequently, two months thereafter, his rank was fully restored and/or he was promoted to the rank of SPC.  Further, he received “excellent” conduct and efficiency ratings during all of his assignments and his record is void of a unit commander’s disqualification that would have precluded award of the AGCM.  Thus, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service.

4.  The applicant’s two units were both cited in the same general order for award of the Vietnam Civil Actions Honor Medal First Class Unit Citation for periods of service that overlap.  By regulation, not more than one unit decoration will be awarded for the same period of meritorious service and recognized periods of valorous and meritorious service must not overlap.  In addition, the evidence shows the applicant only participated in three named campaigns during his service in Vietnam, not four as he claims.  Therefore, he is not entitled to a second Republic of Vietnam Civil Actions Honor Medal Unit Citation Badge or a fourth bronze service star with his VSM.  Furthermore, there is no provision for listing unit streamers on an individual's DD Form 214.  Accordingly, there is no basis upon which to grant this portion of his requested relief.

5.  The evidence of record does not contain any orders and the applicant did not provide any evidence to show he qualified with the automatic rifle.  In addition, the evidence of record does not include any orders to show he was ever awarded a SMOS.  While he may have performed the duties of a “machine gunner” with the M60 machine gun, the “M60” is a weapon within the Army’s arsenal and it is not an authorized MOS.  Therefore, his request for award of the Expert Marksmanship Qualification Badge with Automatic Rifle Bar and SMOS “M60” is not authorized.

6.  Finally, as it relates to the applicant’s request to correct his record to show he served in the Vietnam from November 1969 to November 1970, his DA Form 20 shows he served in Vietnam from 2 December 1969 through 14 November 1970 and the DA Form 2496 he initiated shows he indicated he departed the United States for his service in the Vietnam on 2 December 1969.  It appears the applicant was not assigned for duty in Vietnam during the month of November 1969.  Therefore, there in an insufficient evidentiary basis to grant this portion of his requested relief.

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:

     a.  awarding him the AGCM for the period from 6 May 1969 to 14 November 1970; and 

	b.  deleting the VSM and VCM from item 24 of his DD Form 214 and adding the following awards:

* AGCM (1st Award)
* Vietnam Service Medal with 3 bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions First Class Unit Citation 
* Expert Marksmanship Qualification Badge with Rifle Bar (M14)

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 a second Republic of Vietnam Civil Actions First Class Unit Citation with streamer embroidered" Vietnam 1970-1971"; a SMOS; the Expert Marksmanship Qualification Badge with Automatic Rifle Bar; and a fourth bronze service star to be affixed to his already-awarded VSM.

      _______ _   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)                                         AR20150001768



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ABCMR Record of Proceedings (cont)                                         AR20150001384



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