IN THE CASE OF:	  

		BOARD DATE:	       13 November 2008

		DOCKET NUMBER:  AR20080013488 


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 with "V" Device.

2.  The applicant states that he was awarded the Army Commendation Medal with "V" Device during his service as a forward observer in Vietnam.

3.  The applicant did not provide any additional documentary evidence in support of his request.

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 records show that he enlisted in the Regular Army for a period of 3 years on 20 October 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13E (Field Artillery Operator and Intelligence Specialist).  He was honorably released from active duty on 18 October 1968 and transferred to the U.S. Army Reserve (USAR) Control group (Reinforcement) to complete his remaining military service obligation.  The highest rank he attained during his military service was staff sergeant (SSG)/E-6.

3.  The applicant’s records show he served in the Republic of Vietnam during the period 24 March 1966 to 26 October 1967.  He was assigned to Headquarters and Headquarters Service Battery, 1st Battalion, 8th Artillery.

4.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Bronze Star Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Item 24 does not show award of the Army Commendation Medal with "V" Device.

5.  Headquarters, 25th Infantry Division, General Orders Number 3782, dated 25 September 1967, show the applicant was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in Vietnam on 12 July 1967.

6.  Headquarters, 25th Infantry Division, General Orders Number 3970, dated 6 October 1967, show the applicant was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in Vietnam from March 1966 to October 1967.

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

8.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received an "Excellent" efficiency and conduct rating during his military service.



9.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 8th Infantry, was awarded the Valorous Unit Award, based on Department of the Army General Orders Number 20, dated 1967; the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 48, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

11.  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.

12.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in 3 campaigns as follows during his service in the Republic of Vietnam: the Vietnam Counteroffensive; the Vietnam Counteroffensive, Phase I; and the Vietnam Counteroffensive, Phase II.  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.  General Orders awarded the applicant two awards of the Army Commendation Medal, one of which is for Valor, which are not shown on his records.  Therefore, he is entitled to correction of his records to show award of the Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device.


2.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation which are not shown on his records.  Therefore, he is entitled to correction of his records to show these awards.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the Vietnam Service Medal.

4.  The evidence of record confirms that the applicant served honorably during the period 20 October 1965 to 18 October 1968.  He completed over 19 months of service in Vietnam and received "Excellent" efficiency and conduct ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

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.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 20 October 1965 to 18 October 1968; and



	b.  showing award of the Army Commendation Medal (1st Oak Leaf Cluster) and "V" Device, the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.


															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)                                         AR20080013488



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ABCMR Record of Proceedings (cont)                                         AR20080013488



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