IN THE CASE OF:	  

		BOARD DATE:	        27 January 2009

		DOCKET NUMBER:  AR20080017764 


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 (Report of Transfer or Discharge) to show award of the Army Commendation Medal with "V" Device.

2.  The applicant states that he received this award in April or June 1968 and that it was left off of his DD Form 214.

3.  The applicant provides page 4 of his DA Form 20 (Enlisted Qualification Record) 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 was inducted on 1 April 1968.  He arrived in Vietnam on 29 September 1968.  He served as a medical specialist assigned to Headquarters Service Battery, 2nd Battalion, 4th Artillery of the 9th Infantry Division in Vietnam from 8 October 1968 through 2 November 1969.  On 3 November 1969, he was released from active duty in the temporary rank of specialist five after completing 1 year, 7 months, and 3 days of creditable active service with no time lost.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, and the "Vietnamese Unit Citation" as authorized awards.

4.  Orders, dated 13 February 1969, show the applicant received the Army Commendation Medal for outstanding achievement during the period 28 September 1968 to 27 January 1969 in Vietnam.

5.  Headquarters, 9th Infantry Division, General Orders Number 4082, dated 6 April 1969, show the applicant received the Army Commendation Medal with "V" Device for heroism on 12 March 1969 in Vietnam.

6.  Orders, dated 4 June 1969, show the applicant received the Army Commendation Medal for outstanding achievement during the period October 1968 to May 1969 in Vietnam.

7.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

8.  Records show the applicant participated in five campaigns during his assignment in Vietnam.

9.  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 applicant's unit is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (1 July 1968 to 13 November 1968) based on Department of the Army General Orders Number 31, dated 1969.  His unit is eligible for a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (January to June 1969) based on Department of the Army General Orders Number 59, dated 1969.  His unit is eligible for a third award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (29 July 1969 to 20 July 1970) based on Department of the Army General Orders Number 55, dated 1971.

10.  Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn; however, records should show entitlement to all authorized awards of this foreign unit award.

11.  Department of the Army Pamphlet 672-3 also shows the applicant's unit is eligible for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (19 December 1966 to 28 June 1969) based on Department of the Army General Orders Number 59, dated 1969.  His unit is eligible for a second award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (26 July 1969 to 20 July 1970) based on Department of the Army General Orders Number 55, dated 1971.

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

13.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in general orders.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  This regulation provides that a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Army Commendation Medal with "V" Device for heroism on 12 March 1969.  Orders also show he received two awards of the Army Commendation Medal for meritorious achievement.  He is entitled to correction of his DD Form 214 to show the Army Commendation Medal with "V" Device with Second Oak Leaf Cluster (i.e., three awards).
2.  The applicant was separated in the temporary rank of specialist five with 19 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 1 April 1968 through 3 November 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

3.  The applicant participated in five campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star.

4.  The applicant's unit was cited for three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he is eligible to wear one of those awards.  However, his DD Form 214 should be amended to show three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The applicant’s unit was cited for two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 first award of the Good Conduct Medal for the period 1 April 1968 through 3 November 1969; 

	b.  deleting the entry, "Army Commendation Medal" in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214; and 
	c.  adding the Good Conduct Medal, the Army Commendation Medal with "V" Device with Second Oak Leaf Cluster, three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver service star for wear on his already-awarded Vietnam Service Medal to his DD Form 214. 




      _________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)                                         AR20080017764





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080017764



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1