IN THE CASE OF:	  

		BOARD DATE:	        26 March 2009

		DOCKET NUMBER:  AR20080015095 


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 the Army Commendation Medal (First Oak Leaf Cluster with “V” Device).

2.  The applicant states, in effect, the above award is omitted from his DD Form 214.  He has general orders and a certificate authorizing the award.

3.  The applicant provides a copy of:

   a.  his DD Form 214 showing award of the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, one Overseas Service Bar, Army Commendation Medal, Combat Infantryman Badge, Purple Heart, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14);

	b.  General Orders Number 4688, Headquarters, 25th Infantry Division, Vietnam, dated 27 June 1968, awarding the Army Commendation Medal with “V” Device for action on 31 January 1968;

	c.  the Army Commendation Medal Certificate showing award of the Army Commendation Medal (First Oak Leaf Cluster with “V” Device);

	d.  the Army Commendation Medal Certificate showing award of the Army Commendation Medal; and

	e.  General Orders Number 503, Headquarters, 25th Infantry Division, Vietnam, dated 4 February 1968, awarding the Army Commendation Medal for meritorious service from March 1967 to March 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 was inducted into the Army of the United States for 2 years on
6 October 1966.  Following Basic Combat Training at Fort Lewis, WA and Advanced Individual Training at Fort Jackson, SC, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and assigned to Vietnam.

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from on or about 23 March 1967 to 16 March 1968.  He served with  B Troop, 3rd Squadron, 4th Cavalry, 25th Infantry Division.  Following his return to the United States, he served with the 3rd Infantry Regiment, Fort Campbell, KY until his release from active duty.  His records show he received uniformly "excellent" conduct and efficiency ratings and had no disciplinary problems.

4.  The applicant was honorably separated on 4 October 1968.  He had completed 1 year, 11 months, and 29 days of creditable active Federal service and he had no lost time.

5.  Army Regulation (AR) 672-5-1, in effect at the time of the applicant’s service, provided that the Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.

6.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of the regulation.  The bronze service star is worn on the appropriate service medal.  During the applicant’s service in Vietnam, there were three named campaigns: Counteroffensive, Phase II; Counteroffensive, Phase III; and Tet Counteroffensive.

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 the unit to which the applicant was assigned was cited for award of the Presidential Unit Citation for action on 31 January  1968, by Department of the Army General Order Number 69, dated 1969.  The unit was also cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period March 1966 to August 1968 by Department of the Army General Order Number 48, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 15 March 1966 to 21 January 1970, by Department of the Army General Order Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD Form 214 be corrected to show the Army Commendation Medal (First Oak Leaf Cluster with “V” Device).

2.  The applicant provided orders, and his records contained orders, awarding him the Army Commendation Medal and the Army Commendation Medal with “V” Device.  His DD Form 214 should be corrected to show the Army Commendation Medal (First Oak Leaf Cluster with “V” Device).

3.  The applicant served honorably and well, his conduct and efficiency were rated as "excellent" throughout his service, and there are no detractors in his records.  He is entitled to award of the Good Conduct Medal and it should be added to his DD Form 214.

4.  The applicant is authorized three bronze service stars to be worn on Vietnam Service Medal to represent the three campaigns in which he participated.

5.  The applicant served in a unit which was awarded the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards should be added to his DD Form 214.

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 him the Good Conduct Medal for the period 6 October 1966 through 4 October 1968;

	b.  deleting the Army Commendation Medal and Vietnam Service Medal from his DD Form 214; and

	c.  adding the Army Commendation Medal (First Oak Leaf Cluster with “V” Device), Good Conduct Medal, Vietnam Service Medal with three bronze service stars, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.



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      _______ _   _______   ___
               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)                                         AR20080015095



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ABCMR Record of Proceedings (cont)                                         AR20080015095



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