IN THE CASE OF: BOARD DATE: 8 December 2015 DOCKET NUMBER: AR20150005813 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: * he was awarded or authorized the Army Commendation Medal (ARCOM) and Army Good Conduct Medal (AGCM) * his rank as corporal (CPL) instead of specialist four (SP4) 2. The applicant states, in effect, the above changes should be made to his DD Form 214. 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. The applicant was inducted into the Army of the United States on 5 July 1966. He completed his initial entry training and was awarded military occupational specialty 36K (Field Wireman). The highest rank/grade he attained was SP4/E-4. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * Item 31 (Foreign Service), he served in the Republic of Vietnam from on or about 15 December 1966 through on or about 9 December 1967 * Item 38 (Record of Assignments), during his service in the Republic of Vietnam, he was assigned to Headquarters, Headquarters and Service Battery, 7th Battalion, 11th Artillery Regiment 4. General Orders Number 4582, issued by Headquarters, 25th Infantry Division on 26 November 1967, awarded him the ARCOM for meritorious service in the Republic of Vietnam during the period December 1966 to November 1967. 5. Unit Orders Number 21, issued by Headquarters, Headquarters and Service Battery, 7th Battalion, 11th Artillery Regiment dated 13 May 1967, appointed him to the temporary rank/paygrade of SP4/E-4. 6. He was honorably released from active duty on 3 July 1968 and transferred to the U.S. Army Reserve. His DD Form 214 shows in: * Item 5a (Grade, Rate or Rank): "SP4 (T)" * Item 5b (Pay Grade): "E-4" * Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): * National Defense Service Medal * Vietnam Service Medal with 1 bronze service star * Republic of Vietnam Campaign Medal with Device (1960) 7. There no orders or documentation in his record nor does he provide any that shows he was promoted or appointed to the rank of CPL. 8. His record does not indicate he was awarded the AGCM. Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service. There is no evidence of a commander's disqualification for this award. Additionally, there is no evidence of any convictions by courts-martial. 9. 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 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, and he/she could not have been convicted by court-martial. 10. His record indicates he is entitled to additional awards that are not shown on his DD Form 214. 11. Special Orders Number 185, issued by Headquarters, 1st Training Brigade, Fort Jackson, South Carolina on 25 August 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 12. Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Table B-1 shows during his service in Vietnam, campaign participation was awarded for the following two campaigns: the Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967) and the Vietnam Counteroffensive, Phase III (1June 1967 - 29 January 1968). 13. 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 the unit to which the applicant was assigned was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 31 March 1966 to 21 January 1970, by Department of the Army General Orders Number 51, 1971. 14. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his DD Form 214 to show he was awarded or authorized the ARCOM, AGCM, and that his rank be changed to CPL instead of SP4 was carefully considered. 2. General orders awarded him the ARCOM for meritorious service in the Republic of Vietnam during the period December 1966 to November 1967. This award is not listed on his DD Form 214. 3. He served honorably from 5 July 1966 to 3 July 1968. His record shows he received "excellent" conduct and efficiency ratings throughout his service. There is no evidence of a commander's disqualification for the first award of the AGCM. However, the AGCM is not listed as an authorized award on his DD Form 214. 4. Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). This award is not listed on his DD Form 214. 5. The applicable Army regulation states a bronze service star is authorized for each campaign a member is credited with participating in for wear on the Vietnam Service Medal. He participated in two campaigns during his service in the Republic of Vietnam; however, his DD Form 214 only depicts his participation in a single campaign. 6. The evidence of record shows the applicant was assigned to Headquarters, Headquarters and Service Battery, 7th Battalion, 11th Artillery during his service in the Republic of Vietnam. General orders awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. These unit awards are not listed on his DD Form 214. 7. The evidence of record shows the applicant was appointed to the temporary rank of specialist four on 13 May 1967. There are no other orders or documentation in his record nor does he provide any that indicates he was promoted or appointed to the rank of CPL. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x____ ___x____ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented is sufficient to warrant a recommendation for partial 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 5 July 1966 to 3 July 1968; and b. amending his DD Form 214 by deleting the "Vietnam Service Medal with 1 bronze service star" and adding the: * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 2 bronze service stars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his rank on his DD Form 214. _______ _ 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) AR20100015543 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005813 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1