RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 March 2007
	DOCKET NUMBER:  AR20060013244 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Gerard W. Schwartz

Acting Director

Mrs. Victoria A. Donaldson

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Mr. Chester A. Damian

Member

Ms. Ernestine L. Fields

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his records be corrected to show the Army Commendation Medal with "V" Device (First Oak Leaf Cluster).

2.  The applicant states that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Army Commendation Medal for meritorious service or the Army Commendation Medal with "V" Device.

3.  The applicant provides a copy of the Certificate for award of the Army Commendation Medal for meritorious service, orders for award of the Army Commendation Medal with "V" Device (First Oak Leaf Cluster), and a copy of his DD Form 214 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 15 March 1971, the date of his release from active duty and transfer to the United States Army Reserve.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's records show that he was inducted in the Army on 17 February 1969.  He completed combat basic training and advanced individual training and was awarded the military occupational specialty (MOS) 11B Light Weapons Infantryman).  The applicant served a tour of duty in the Republic of Vietnam during the period 4August 1969 through 15 March 1970.  The applicant was honorably released from active duty on 15 March 1971.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Army Commendation Medal with "V" Device (First Oak Leaf Cluster).
5.  The applicant provided a Department of the Army Certificate for award of the Army Commendation Medal.  This Certificate shows that, on 10 April 1970, the applicant was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period 4 August 1969 to 3 January 1970.  This certificate was authenticated by a Brigadier General and the Secretary of the Army.

6.  Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mech) General Orders Number 614, dated 30 April 1970, awarded the applicant the Army Commendation Medal with "V" Device (First Oak Leaf Cluster) for heroism in connection with military operations against a hostile in the Republic of Vietnam on 12 November 1969.

7.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

9.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

10.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive Phase VI, the Tet Counteroffensive, the Vietnam Summer-Fall 1970 Campaign, and the Vietnam Winter-Spring 1970 Campaign during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show the Army Commendation Medal with "V" Device (First Oak Leaf Cluster).

2.  Evidence of record shows that the applicant was awarded Army Commendation Medal for meritorious service and orders show that he was awarded the Army Commendation Medal with "V" Device (First Oak Leaf Cluster).  Therefore, it would be appropriate to correct his records to show award of the Army Commendation Medal with "V" Device (First Oak Leaf Cluster).
3.  General Orders show the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

4.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 15 March 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 14 March 1974.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the facts in this case.

BOARD VOTE:

_KLW____  _ELF___  _CAD___  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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Army Commendation Medal with "V" Device (First Oak Leaf Cluster), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




___Kenneth L. Wright____
          CHAIRPERSON


INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.