RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 February 2008
      DOCKET NUMBER:  AR20070011910


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Antonio Uribe                 |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 record be corrected to show
he was awarded the Army Commendation Medal (ARCOM) with "V" (Valor) Device.


2.  The applicant states, in effect, that he was awarded the ARCOM with "V"
Device; however, this award is not reflected on his separation document
(DD Form 214).

3.  The applicant provides no additional documentary evidence in support of
his application.

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 record shows that he was inducted into the Army and
entered active duty on 3 January 1968.  He was trained in and served in
military occupational specialty (MOS) 11B (Infantryman), and sergeant (SGT)
is the highest rank he attained while serving on active duty.

3.  The applicant's record shows he served in the Republic of Vietnam (RVN)
from July 1968 through July 1969, and that during his RVN tour, he was
assigned to Headquarters and Headquarters Company (HHC), 2nd Brigade, 101st
Airborne Division, performing duties in MOS 11B as an infantryman.

4.  The applicant's Official Military Personnel File (OMPF) contains
Headquarters, 101st Airborne Division, General Orders (GO) Number (#) 533,
dated 18 January 1969, which awarded the applicant the ARCOM, for
meritorious achievement during the period 1 July 1968 through 30 November
1969.  It also contains Headquarters, 101st Airborne Division, GO # 7112,
dated 18 June 1969, which awarded him the ARCOM with "V" Device, for
heroism in connection with military operations against a hostile force in
the RVN on 3 May 1969.
5.  The applicant's OMPF is void of any derogatory information or a unit
commander disqualification that would have precluded the applicant from
receiving the Army Good Conduct Medal (AGCM).

6.  On 6 August 1969, the applicant was honorably released from active duty
after completing 1 year, 7 months, and 4 days of active military service.
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) shows he earned the following awards during
his active duty tenure:  National Defense Service Medal; Bronze Star Medal
(BSM); ARCOM; Air Medal (AM); Vietnam Service Medal (VSM); RVN Campaign
Medal; and Combat Infantryman Badge (CIB).

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 2-13 contains guidance on the VSM.  It states, in
pertinent part, that a bronze service star is authorized with this award
for each campaign a member is credited with participating in while serving
in the RVN.

8.  Paragraph 3-17 of the awards regulation contains guidance on the ARCOM.
 It states, in pertinent part, that an Oak Leaf Cluster is awarded to
denote a second or subsequent award of the ARCOM.

9.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during 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, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (HHC, 2nd Brigade, 101st
Airborne Division) received the RVN Gallantry Cross with Palm Unit Citation
and the RVN Civil Actions Honor Medal First Class Unit Citation.  It also
shows that during the period the applicant served in the RVN, participation
credit was granted for the Vietnam Counteroffensive Phase V; Vietnam
Counteroffensive Phase VI; Tet 69 Counteroffensive, 1969; and the Vietnam
Summer-Fall 1969 campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was awarded the ARCOM with "V"
Device was carefully considered and found to have merit.  The applicant's
record includes orders that awarded him the ARCOM, for meritorious
achievement during the period 1 July 1968 through 30 November 1968; and an
ARCOM with "V" Device, for his heroism in connection with military
operations against a hostile force in the RVN on 3 May 1969.  Therefore, it
would be appropriate to add the ARCOM 1st Oak Leaf Cluster with "V" Device
(2nd Award) to the list of awards contained on his separation document.

2.  The applicant's record is also void of any derogatory information or a
unit commander disqualification that would have precluded him from
receiving the AGCM.  Therefore, it would be appropriate to award him the
first award of the AGCM, for his qualifying period of honorable active
military service from
1 January 1968 through 6 August 1969.

3.  Further, the evidence of record confirms that based on his RVN service
and campaign participation, he is entitled to the RVN Gallantry Cross with
Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit
Citation, and 4 bronze service stars with his VSM.  Therefore, it would
also be appropriate to add these awards to his record and separation
document at this time.

BOARD VOTE:

__KLW__  __AU ___  __RDG  _  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.  showing his entitlement to the Army Commendation Medal 1st Oak
Leaf Cluster with "V" Device;

      b.  awarding him the first award of the Army Good Conduct Medal, for
his qualifying period of honorable active duty service from 3 January 1968
through
6 August 1969;

      c.  amending Item 24 of his 6 August 1969 DD Form 214 by deleting the
current list of awards and replacing it with the entry "National Defense
Service Medal, Bronze Star Medal, Army Commendation Medal 1st Oak Leaf
Cluster with "V" Device (2nd Award), Air Medal, Army Good Conduct Medal,
Vietnam Service Medal with 4 bronze service stars, Republic of Vietnam
Campaign Medal with 1960 Device, Republic of Vietnam Gallantry Cross with
Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, and Combat Infantryman Badge;" and

      d.  providing him a correction to his DD Form 214 that includes these
changes.




                            _____Kenneth L. Wright___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070011910                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/01/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/08/06                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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