IN THE CASE OF: BOARD DATE: 7 November 2017 DOCKET NUMBER: AR20160002594 BOARD VOTE: ____x____ ___x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 November 2017 DOCKET NUMBER: AR20160002594 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends correction of all Department of the Army records of the individual concerned by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 5 February 1970 through 27 September 1971 and b. deleting the Vietnam Service Medal from his DD Form 214 and adding the following awards: * Army Commendation Medal * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * 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. IN THE CASE OF: BOARD DATE: 7 November 2017 DOCKET NUMBER: AR20160002594 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 U.S. Report of Transfer or Discharge) to show the Army Commendation Medal (ARCOM) and Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation. 2. The applicant states his release from the Army preceded his award of the requested medals. 3. The applicant provides an ARCOM Citation and a National Personnel Records Center (NPRC) letter, dated 20 September 2013. 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 February 1970. He was trained in and awarded military occupational specialty 16F (Automatic Weapons Crewman). 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 16 December 1970 through 27 September 1971 with Battery G, 29th Artillery Regiment. Item 38 of his DA Form 20 shows the applicant received excellent conduct and efficiency ratings during his entire period of active service. 4. The applicant’s Official Military Personnel File (OMPF) is void of derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM). It is also void any evidence or orders to show he was awarded or recommended for award of the ARCOM. 5. On 27 September 1971, the applicant was honorably released from active duty after completing 1 year, 7 months, and 23 days of creditable active service. His DD Form 214 shows he was he earned the following awards: * National Defense Service Medal * Vietnam Service Medal (VSM) * RVN Campaign Medal * Expert Marksmanship Qualification Badge with M16 and M14 Rifle Bars * Overseas Service Bar 6. The Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, an index of general orders issued during the Vietnam era between 1965 and 1973, was reviewed. This review failed to show orders announcing awards pertaining to the applicant. 7. The applicant provides a copy of an ARCOM citation which shows he earned this award for meritorious service during the period December 1970 to September 1971. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. a. Paragraph 2-13 contains guidance on award of the VSM and states it is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973. 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: * Vietnam Counteroffensive, Phase VII * Consolidation I c. Paragraph 3-18 contains guidance on award of the ARCOM. It is awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement or meritorious service. Award of the ARCOM is announced in orders after a recommendation has been approved by an appropriate authority. 2. Army Regulation 672-5-1 (Awards), in effect at the time, provided the AGCM was awarded to enlisted Soldiers who had completed a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing Soldiers' eligibility 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 Vietnam his unit (Battery G, 29th Artillery Regiment) earned the RVN Gallantry Cross with Palm Unit Citation. DISCUSSION: 1. The applicant contends his DD Form 214 should be corrected to reflect the ARCOM and RVN Gallantry Cross with Palm Unit Citation. 2. Based on the applicant's RVN service and campaign participation, he is authorized the RVN Gallantry Cross with Palm Unit Citation and two bronze service stars to be affixed to his already-awarded VSM. These awards are not currently listed on the applicant’s DD Form 214. 3. The evidence of record confirms the applicant received "excellent" conduct and efficiency ratings throughout his period of active service. His record is void of any derogatory information or a specific disqualification by any of the active duty unit commanders for whom he served. The evidence supports a conclusion that he met the requirements for award of the AGCM for the period 5 February 1970 through 27 September 1971. 4. The available evidence does include orders announcing award of the ARCOM to the applicant. He provides a citation that shows he received this award for a period coinciding with his service in Vietnam. This is the only document available showing he received this award. The Board must determine if a preponderance of the evidence indicates that award of the ARCOM to the applicant was properly approved and should be added to his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002594 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002594 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2