IN THE CASE OF:	  

		BOARD DATE:	       16 October 2008

		DOCKET NUMBER:  AR20080012568 


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 Commendation Medal.

2.  The applicant states he was awarded the Army Commendation Medal, but it was not added to his DD Form 214 when he departed active duty.

3.  The applicant provides:

	a.  DD Form 214 for the period 6 September 1966 to 30 August 1968.

	b.  General Orders Number 8143, Headquarters, 9th Infantry Division, Vietnam, dated 8 September 1968, showing he was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period 15 September 1967 to 25 August 1968.

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 served in the Army of the United States from 6 September 1966 to 30 August 1968.  He served in Vietnam in military occupational specialty (MOS) 74A (Light Vehicle Driver)  with Company B, 9th Supply and Transport Battalion, 9th Infantry Division from on/about 27 September 1967 to on/about 30 August 1968.

3.  The applicant's DA Form 20 shows that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) by Special Orders Number 74, Headquarters, 8th Infantry Division, US Army Europe (USAREUR).

4.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review confirmed the applicant was awarded the Army Commendation Medal by general orders published by headquarters, 9th Infantry Division.

5.  The applicant was honorably separated by reason of expiration of his term of service (ETS) on 30 August 1968 and transferred to the US Army Reserve Control Group.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and the Good Conduct Medal.

6.  .  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It states, in pertinent part:

	a.  The Army Commendation Medal may be 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, distinguished himself or herself by heroism, 

meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  A bronze service star, based on qualifying service, is awarded for each campaign listed in Appendix B of the regulation.  Authorized bronze service stars will be worn on the appropriate service medal.  The applicant served during four campaigns – Vietnam Counteroffensive, Phase III (1 June 1967 — 29 January 1968); TET Counteroffensive (30 January 1968 — 1 April 1968); Vietnam Counteroffensive, Phase IV (2 April 1968 — 30 June 1968); and Vietnam Counteroffensive, Phase V (1 July 1968 — 1 November 1968.) 

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that all units subordinate to US Army, Vietnam were cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by Department of the Army General Order Number 31, dated 1969.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by Department of the Army General Order Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Army Commendation Medal be added to his DD Form 214.

2.  General orders awarded the applicant the Army Commendation Medal; it should be added to his DD Form 214.

3.  The applicant is entitled to other corrections for awards, specifically:

	a.  Special Orders Number 74, Headquarters, 8th Infantry Division, USAREUR awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

	b.  He served in four campaigns during his Vietnam service and is entitled to 4 bronze service stars for wear on his already-awarded Vietnam Service Medal.

	c.  His unit was awarded the Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure with the unit.

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.  Deleting from his DD Form 214 the Vietnam Service Medal;

	b.  Adding to his DD Form 214 the Army Commendation Medal, the Vietnam Service Medal with 4 bronze service stars, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



															XXX
      _______ _   _______   ___
               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)                                         AR20080012568



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ABCMR Record of Proceedings (cont)                                         AR20080012568



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