BOARD DATE:	    6 October 2015

		DOCKET NUMBER:  AR20150001410 


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) with "V" Device. 

2.  The applicant states he was awarded the ARCOM with a "V" Device a few days prior to his discharge, but the award was not added to his DD Form 214.

3.  The applicant provides:

* ARCOM with "V" Device Certificate and orders
* 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 was inducted into the Army of the United States on 15 July 1970.  He served as a light weapons infantryman assigned to the following units in Vietnam:

* Companies C and A, 1st Battalion, 8th Cavalry, from 21 December 1970 to 19 March 1971
* Headquarters and Headquarters Company, 1st Battalion, 12th Cavalry, from 20 March to 27 April 1971
* Company A, 1st Battalion, 12th Cavalry, from 28 April to 7 December 1971

3.  Headquarters, 3rd Brigade (Separate), General Orders Number 6, dated 3 January 1972, awarded him the ARCOM with "V" Device for heroism on 26 October 1971.

4.  On 7 February 1972, he was honorably released from active duty in the rank of specialist four after completing 1 year, 6 months, and 23 days of creditable active service with no time lost. 

5.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Combat Infantryman Badge
* Air Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

6.  There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal (AGCM).  There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his 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; 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.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows:

	a.  1st Battalion, 8th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 21-28 February 1971 by Department of the Army General Orders (DAGO) Number 42, dated 1972.

	b.  1st Battalion, 12th Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 17 September 1965 to June 1972 by DAGO Number 54, dated 1974.

	c.  Company A, 1st Battalion, 12th Cavalry, was awarded the Valorous Unit Award (VUA) for actions during the period 23 September to 25 October 1971 by DAGO Number 5, dated 1985.

9.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the ARCOM with "V" Device.  His DD Form 214 should be corrected to show this award.

2.  He was honorably released from active duty in the rank of specialist four with 18 months of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the AGCM (1st Award) for the period 15 July 1970 through 7 February 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  He should be awarded the AGCM (1st Award) and his DD Form 214 should be corrected to show this award.

3.  His Vietnam unit (Company A, 1st Battalion, 12th Cavalry) was awarded the VUA during the period in which he was assigned.  His DD Form 214 should be corrected to show this unit award.

4.  His Vietnam units (1st Battalion, 8th Cavalry, and 1st Battalion, 12th Cavalry) were each awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citations during the period in which he was assigned.  Although he is entitled to wear only one of these unit awards, his DD Form 214 should be corrected to show both unit awards.

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 AGCM (1st Award) for the period 15 July 1970 through 7 February 1972; and

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

* ARCOM with "V" Device
* AGCM (1st Award)
* VUA




* Republic of  Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)




      __________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)                                         AR20150001410



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ABCMR Record of Proceedings (cont)                                         AR20150001410



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