BOARD DATE:	  8 September 2015

		DOCKET NUMBER:  AR20150002059 


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 military service records to show award of the Army Good Conduct Medal (AGCM).  He also requests the U.S. Army issue him his authorized awards, including (but not limited to) the National Defense Service Medal, Vietnam Service Medal (VSM), and Republic of Vietnam (RVN) Campaign Medal with Device (1960).

2.  The applicant states that he served in the RVN from December 1967 to October 1968 and he was assigned to Company C, 4th Battalion, 3rd Infantry, Americal Division.  He was wounded in action on 6 October 1968.  He adds that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show he was awarded the AGCM.

3.  The applicant provides a copy of his 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.  Service medals and awards are not issued by the ABCMR.  However, the applicant is advised that requests for medal sets for previously approved awards should be forwarded to the National Personnel Records Center (NPRC) (Military Personnel Records), 1 Archives Drive, St. Louis, MO  63138-1002.  The NPRC will verify the awards to which a retiree/veteran is entitled and forward the request with verification to the appropriate service department for issuance of the medals.  Requests to the NPRC may be submitted online through the eVetRecs system at http://www.archives.gov/veterans/military-service-records/standard-form-180.html or via mail or fax (314-801-9195) by letter or completing a Standard Form 180 (Request Pertaining to Military Records), which is available for download at the same website.  At a minimum, all requests must include a copy of the retiree's/veteran's separation or discharge paperwork and any other supporting documentation to substantiate his request.  All requests must be signed and dated.  As such, this matter will not be discussed further in these Proceedings.

3.  The applicant enlisted in the U.S. Army Reserve (USAR) on 27 July 1966 for a period of 6 years.  He further enlisted in the Regular Army on 28 October 1966 for a period of 3 years.  He was awarded military occupational specialty 11B (Light Weapons Infantryman) and promoted to sergeant (SGT)/pay grade E-5 on 23 May 1968.

4.  The applicant's military personnel records are absent a DA Form 20 (Enlisted Qualification Record).  However, a USAR Personnel Center, Personnel Services Division, St. Louis, MO, Official Statement, dated 2 March 1989, shows the applicant served in Vietnam with Company C, 4th Battalion, 3rd Infantry,
11th Infantry Brigade, from 5 December 1967 to 8 November 1968.  It also shows he was then assigned to the Medical Holding Detachment, 249th General Hospital.

5.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant as a casualty on 6 October 1968 with casualty status code 23 (hostile wounded in action; not serious, hospitalized).

6.  Headquarters, Americal Division, General Orders Number 8666, dated
13 November 1968, awarded the applicant the Bronze Star Medal for meritorious service in the RVN from December 1967 to November 1968.

7.  The applicant's DD Form 214 shows he was temporarily retired from active duty on 16 April 1969.
   a.  He had completed 2 years, 5 months, and 19 days of total active service this period that included 1 year, 6 months, and 15 days of foreign service.
   
   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar
* Combat Infantryman Badge
* VSM
* RVN Campaign Medal
* Bronze Star Medal
* Purple Heart
* 2 Overseas Service Bars

8.  Headquarters, Department of the Army, Office of The Adjutant General, Washington, DC, Letter Orders Number D 7-74, dated 5 July 1972, removed the applicant from the Temporary Disability Retired List on 31 July 1972 and permanently retired him, in the rank of SGT (E-5), effective 1 August 1972.

9.  His record shows he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, on 15 October 1967 for carrying a concealed weapon (a linoleum knife).  His punishment consisted of forfeiture of pay for one month, 7 days restriction to the battalion area, and 7 days extra duty.

10.  There is no evidence of any other disciplinary actions or adverse information.

11.  His record failed to reveal orders showing he was awarded the AGCM.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service 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.  There must have been no convictions by a court-martial.  

13.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

14.  Headquarters, Americal Division, General Orders Number 9045, dated
23 November 1968, awarded the applicant the Army Commendation Medal with "V" Device for heroism in the RVN on 11 August 1968.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows the 4th Battalion, 3rd Infantry Regiment, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 2 November 1968 to 28 February 1979 in Department of the Army General Orders (DAGO) Number 2 (1971).

16.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  A silver service star will be worn in lieu of five bronze service stars.

	b.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant served a period of continuous, honorable active duty enlisted service from 28 October 1966 through 16 April 1969.

   a.  He received NJP on one occasion; however, there is no evidence of any other disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.

   b.  He was promoted to SGT (E-5) with less than 19 months of active duty.

   c.  He was awarded the Bronze Star Medal for meritorious service in the RVN from December 1967 to November 1968.

   d.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award).

2.  The evidence of record shows:
   
   a.  general orders awarded him the Army Commendation Medal with "V" Device;

   b.  the applicant qualified for award of the VSM and he participated in five campaigns during his service in Vietnam.  Thus, he is authorized one silver service star for wear on his already-awarded VSM; and

   c.  DAGO awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation.

3.  Therefore, in view of the foregoing, it would be appropriate at this time to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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 Army Good Conduct Medal (1st Award) for the period 
28 October 1966 through 16 April 1969 (Standard Name Line:  SGT,
Company C, 4th Battalion, 3rd Infantry, 11th Infantry Brigade, Americal Division);

   b.  deleting from item 24 of his DD Form 214 the "Vietnam Service Medal;" and

	c.  adding the following awards to item 24 of his DD Form 214:

* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 1 Silver Service Star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      __________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)                                         AR20150002059



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