BOARD DATE:	  22 September 2015

		DOCKET NUMBER:  AR20150002238 


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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Republic of Vietnam Campaign Medal (RVNCM) with Device (1960) and Army Commendation Medal (ARCOM).

2.  The applicant states his DD Form 214 does not properly reflect his RVNCM and ARCOM.

3.  The applicant provides:

* DD Form 214
* Letter from the National Personnel Records Center (NPRC), dated 
6 October 2004

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's records show he enlisted in the Regular Army on 24 March 1971.  He was trained in and awarded military occupational specialty (MOS) 36K (Field Wireman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) he was assigned with Headquarters and Headquarters Company, 3rd Brigade, 1st Cavalry Division in the Republic of Vietnam (RVN) from 19 August 1971 to 14 April 1972 and he received "excellent" conduct and efficiency ratings at each of his active duty assignments.

4.  His military record contains no derogatory information and there is no documented record of a unit commander disqualifications that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

5.  The applicant’s official military personnel file contains General Orders Number 1097 dated 5 April 1972, issued by Headquarters, 3rd Brigade, 1st Cavalry Division awarding him the ARCOM for meritorious service in the RVN for the period August 1971 to April 1972.

6.  The applicant was honorably released from active duty on 22 March 1974, in the rank of specialist four/E-4.  His DD Form 214 issued at that time shows he completed 2 years, 11 months, and 29 days of creditable active duty service, of which 7 months and 26 days was foreign service.

7.  His DD Form 214 shows he earned the following awards during his tenure on active duty:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Expert Marksmanship Qualification Badge with Hand Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  The applicant provides a letter from NPRC dated 6 October 2004, which shows his authorized awards include the ARCOM and RVNCM.

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 and states 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 shows that during the applicant's service in the RVN, participation credit was awarded for the following campaigns:

* Consolidation I
* Consolidation II
* Vietnam Cease-Fire

	c.  Paragraph 9-13 of Army Regulation 600-8-22 contains guidance on award of the RVN Campaign Medal with Device (1960).  It is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973.

10.  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.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected by adding the ARCOM and RVNCM.  His claim appears to have merit.

2.  The evidence of record includes official orders confirming the applicant was awarded the ARCOM for meritorious service in the RVN from August 1971 to April 1972 and this award is not listed on his DD Form 214.

3.  His record also confirms he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a specific disqualification statement by any of his commanders.  As a result, it would be appropriate to award him the first award of the AGCM for his qualifying period of honorable service from 24 March 1971 through 22 March 1974 and correct his DD Form 214 to show this award.

4.  Finally, based the applicant’s RVN service and campaign participation credit he is also authorized the RVNCM, RVNGC, and three bronze service stars to be affixed to his already-awarded VSM.  It would also be appropriate to add 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 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 Army Good Conduct Medal (1st Award) for his qualifying period of honorable active service from 24 March 1971 through 22 March 1974;
   
   b.  amending his DD Form 214 by deleting the Vietnam Service Medal; and

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

* Army Commendation Medal 
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* RVN Campaign Medal with Device (1960)
* RVN 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)                                         AR20150002238



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ABCMR Record of Proceedings (cont)                                         AR20150002238



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