IN THE CASE OF: BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150005755 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 show award of the Army Good Conduct Medal (AGCM), Vietnam Service Medal (VSM) with one (1) silver service star, Republic of Vietnam (RVN) Campaign Medal with Device (1960), RVN Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, and Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar. 2. The applicant states that he was inducted into the U.S. Army on 11 January 1967 and he served in the RVN from 5 December 1967 through 4 December 1968 during five campaigns. He was assigned to Battery A, 6th Battalion, 11th Artillery Regiment, 11th Infantry Brigade and then to Battery A, 1st Battalion, 82nd Artillery Regiment, 11th Infantry Brigade, and his units were cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973. He states his military service records contain no derogatory information, he served honorably on active duty and in the U.S. Army Reserve (USAR), and his service record supports his entitlement to the above awards and decorations. He adds that his DD Form 214 should be corrected to show all of his authorized awards. 3. The applicant provides copies of the following documents: * a self-authored statement (summarized above) * DA Form 20 (Enlisted Qualification Record) * DD Form 214 * USAR discharge orders * National Personnel Records Center (NPRC) letter * extracts of award criteria * Headquarters, Department of the Army, General Orders (DAGO), Number 8, 10 March 1974 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 U.S. Army on 11 January 1967. Upon completion of training he was awarded military occupational specialty 13A (Field Artillery Crewman). He was promoted to corporal (CPL)/pay grade E-4 on 20 March 1968. 3. The applicant's DA Form 20 shows, in pertinent part, in: * item 29 (Qualification in Arms): * Marksman, M-14 Rifle, 23 February 1967 * Sharpshooter, M-16 Rifle, 3 November 1967 * item 31 (Foreign Service), he served in: * Hawaii from 3 April 1967 through 4 December 1967 * Vietnam from 5 December 1967 through 4 December 1968 * item 38 (Record of Assignments), he received all "excellent" conduct and efficiency ratings throughout his military service and, in pertinent part, he was assigned to the following units: * Battery A, 6th Battalion, 11th Artillery Regiment, 11th Light Infantry Brigade, from 5 December 1967 through 22 September 1968 * Battery C, 1st Battalion, 82nd Artillery Regiment, from 23 September 1968 through 26 November 1968 * item 39 (Campaigns), he participated in the following campaigns: * Vietnam Counteroffensive, Phase III * TET Counteroffensive * item 41 (Awards and Decorations): * National Defense Service Medal * RVN Campaign Medal with Device (1960) * VSM * 2 overseas service bars * Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar * Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar 4. Headquarters, 1st Brigade (Basic Combat Training), Fort Ord, CA, Special Orders (SO) Number 41, dated 28 February 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar. 5. Headquarters, 11th Infantry Brigade, RVN, SO Number 261, dated 27 November 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar. 6. The applicant's DD Form 214 shows he entered active duty this period on 11 January 1967, was honorably released from active duty on 30 November 1968, and transferred to the USAR Control Group (Annual Training). He had completed 1 year, 10 months, and 20 days of total active duty service this period that included 1 year, 7 months, and 26 days of foreign service. It also shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the: * National Defense Service Medal * RVN Campaign Medal * VSM * Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar (shown as "SPS(M-16)") * 2 overseas service bars 7. A review of the applicant's military personnel record: a. revealed a DA Form 137 (Installation Clearance Record), completed by the commander based on the applicant's departure from the unit on 1 December 1968, that shows he evaluated the applicant’s conduct and efficiency as excellent; b. failed to reveal any adverse or derogatory information; and c. failed to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award). 8. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to reveal any additional award orders pertaining to the applicant. 9. In support of his application the applicant provides copies of the following pertinent documents. a. Office of The Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 12-1472681, dated 19 December 1972, that honorably discharged the applicant from the USAR effective 1 January 1973. b. NPRC, St. Louis, MO, letter, dated 2 March 2015, that provided the applicant copies of records from his Official Military Personnel File. 10. 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. 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. 11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. A review of Table 2 (Army Units in Numerical Order) failed to show any unit awards for the applicant's units of assignment during the period of RVN service under review. However, paragraph 6d of the pamphlet shows that DAGO Number 8, dated 19 March 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. 12. 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) c. The RVN Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. DISCUSSION AND CONCLUSIONS: 1. Records show the applicant served a period of continuous, honorable active duty enlisted service from 11 January 1967 through 30 November 1968. a. There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM. b. He was promoted to CPL (E-4) with less than 15 months of active duty. c. He received all "excellent" conduct and efficiency ratings throughout his military service. 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. the applicant qualified for award of the VSM and he participated in five campaigns during his service in Vietnam during the period 5 December 1967 through 4 December 1968 for which he is authorized one silver service star for wear on his already-awarded VSM; b. his service in the RVN qualified him for award of the RVN Campaign Medal with Device (1960); c. a DAGO awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation; and d. SOs awarded him the: * Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar * Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar. 4. 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 11 January 1967 through 30 November 1968 (Standard Name Line: CPL, Battery C, 1st Battalion, 82nd Artillery Regiment, U.S. Army Vietnam); b. deleting from item 24 of his DD Form 214 all of the award entries; and c. adding the following awards to item 24 of his DD Form 214: * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal with 1 silver service star * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar * Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar * 2 overseas service bars _______ _ 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) AR20150005755 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005755 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1