IN THE CASE OF:	  

		BOARD DATE:	  10 September 2015

		DOCKET NUMBER:  AR20150001920 


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, through his Senate Representative, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Bronze Star Medal (BSM) with “V” Device and Army Commendation Medal (ARCOM).

2.  The applicant states he would like his DD Form 214 updated to show the BSM with "V" Device and ARCOM.

3.  The applicant provides:

* DD Forms 214 issued on 29 June 1969 and 6 February 1965
* BSM certificate and order
* ARCOM certificate
* DD Form 215 (Correction to DD Form 214) 10 July 1999

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 requested that the Bronze Star Medal with “V” Device be added to his DD Form 214.  His DD Form 214, as previously corrected by a DD Form 215 provided by the applicant and contained in his records, already shows his DD Form 214 was corrected to add this award.  Therefore, this portion of the applicant’s request will not be discussed further in these proceedings. 

3.  The applicant's military record shows that after having prior Reserve component and active duty service, he entered active duty as a member of the Army National Guard (ARNG) on 23 April 1968.  He held military occupational specialty 36K (Wireman).

4.  His DA Form 20 (Personnel Qualification Record) shows he served in the Republic of Vietnam (RVN) from 17 September 1968 to 23 June 1969, while assigned with Service Battery, 3rd Battalion, 197th Artillery Regiment.  Item 38 (Record of Assignments) shows the applicant received all excellent conduct and efficiency ratings at each of his active duty assignments. Except for one period of unknown rating

5.  His Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.

6.  His OMPF includes the following special orders (SO) issued by Headquarters, 3d Howitzer Battalion, 19th Artillery, on the dates shown which announced his weapons qualifications as indicated:

* SO #23, dated 23 June 1965 – “marksman” with the M-1 carbine 
* SO #19, dated 5 August 1967 – “sharpshooter” with the M-1 rifle 

7.  On 29 June 1969, the applicant was honorably released from active duty (REFRAD) to the ARNG after completing a total of 1 year, 8 months, and 26 days of total active duty service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, revealed Headquarters U.S. Army Vietnam General Orders (GO) #3046, dated 11 August 1969, which announced the applicant’s award of the ARCOM for meritorious service in the RVN from September 1968 to September 1969.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.

   a.  Paragraph 2-13 contains guidance on award of the VSM.  It states that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

   b.  Table B-1 contains a list of campaigns and it shows that during the applicant’s tenure of assignment in the RVN, he participated in the following four campaigns:
   
•	Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
•	Vietnam Counteroffensive Phase VI (2 November 1968 –   22 February 1969)
•	Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
•	Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; 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.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  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.  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.

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.  It confirms that during the applicant's tenure of assignment in the RVN, his unit (3rd Battalion, 197th Artillery Regiment) earned the RVN Civil Actions Honor Medal First Class Unit Citation.

12.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the RVN Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to add the ARCOM was carefully considered and found to have merit.  The evidence in this case confirms official orders were prepared after the applicant’s REFRAD which announced his award of the ARCOM.  This award is not currently listed on his DD Form 214 and should be added at this time.

2.  The evidence of record confirms the applicant received all "excellent" conduct and efficiency ratings throughout his active duty service, .although he had one period of unknown ratings this is not disqualifying for award of the Army Good Conduct Medal.   In addition, his OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from 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 23 April 1968 to 29 June 1969 and to correct his DD Form 214 to show this award.

3.  The evidence of record as shown in official orders included in the applicant’s OMPF confirms he qualified as a sharpshooter with the M-1 rifle and marksman with the M-1 carbine, neither of which are listed on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these weapons qualifications.

4.  Based on the applicant’s service and campaign participation in the RVN, he is also authorized four bronze service stars to wear on his already-awarded VSM, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Action Honor Medal First Class Unit Citation.  None of these awards are currently listed on his DD Form 214.  It would be appropriate to add all of these awards to his DD Form 214.


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.  deleting from his DD Form 214 the VSM; 

	b.  awarding him the AGCM for the period from 23 April 1968 to 29 June 1969; and

   c.  adding to his DD Form 214 the:
   
* Army Commendation Medal
* AGCM (1st Award)
* Vietnam Service Medal with 4 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 (M1)
* Marksman Marksmanship Qualification Badge with Carbine Bar (M-1)
   
   
   
   
      _____________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)                                         AR20150001920



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ABCMR Record of Proceedings (cont)                                         AR20150001920



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