IN THE CASE OF:	  

		BOARD DATE:	  2 April 2009

		DOCKET NUMBER:  AR20080018370 


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, in effect, that all awards he earned during his active duty service, to include service medals authorized for Republic of Vietnam (RVN) service, be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that he would like all earned awards, to include RVN service awards, added to his DD Form 214.  He states his awards were likely omitted from the DD Form 214 because he was wounded and medically evacuated from the RVN.

3.  The applicant provides the documents listed on the addendum to his application 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 DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 15 January 1968.  It also shows he was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman), and that staff sergeant (SSG) is the highest grade he attained during his active duty tenure.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 4 December 1968 through 29 October 1969, at which time he was medically evacuated to Japan.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company A, 1st Battalion, 506th Infantry Regiment, from 21 December 1968 through 1 January 1969 and to Companies C and E, 3rd Battalion, 187th Infantry Regiment, from 2 January 
1969 through 29 October 1969, performing duties in MOS 11B as an infantry team leader.  It also shows he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Combat Infantryman Badge (CIB), RVN Campaign Medal (RVNCM) with Device (1960), and Bronze Star Medal with "V" Device.  His military personnel records jacket (MPRJ) is void of any derogatory information or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

5.  The applicant's MPRJ contains Headquarters, 101st Airborne Division, Special Orders Number 35, dated 4 February 1969, which awarded him the CIB and Headquarters, 101st Airborne Division, General Orders Number 7602, dated 25 June 1969, which awarded him the BSM with "V" Device for heroism in ground combat against a hostile force in the RVN on 20 May 1969.  It also contains Headquarters, 101st Airborne Division, General Orders Number 11450, dated 30 August 1969, which awarded him the BSM for meritorious service during the period 1 January 1969 to 31 August 1969.

6.  On 7 November 1969, the applicant was honorably released from active duty in the rank of SSG after completing 1 year, 9 months, and 23 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he earned the following awards during his tenure on active duty:  NDSM, VSM, RVNCM, Purple Heart (PH), BSM, one Overseas Service Bar, and Expert Marksmanship Qualification Badge with Rifle (M-16 and M-14) and Machinegun Bars.

7.  The applicant provides a copy of an Army Commendation Medal (ARCOM) certificate, dated 27 March 1969, which was signed by the commanding general (CG) of the 101st Airborne Division, Major General (MG) Z____.  This certificate shows the applicant was awarded the ARCOM for his exceptionally meritorious achievement in the RVN during the period 1 October 1968 through 28 February 
1969.  A review of the history of the 101st Airborne Division located on the Wikipedia Internet Website confirms MG Z____ was the CG of the 101st Airborne Division at the time the applicant was awarded this ARCOM.

8.  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 for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment, participation credit was granted for the Vietnam Counteroffensive Phase VI, Tet 69 Counteroffensive, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring campaigns.

9.  Chapter 4 of Army Regulation 600-8-22 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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant’s tenure of assignment in the RVN, the 3rd Battalion, 187th Infantry Regiment, was awarded the Presidential Unit Citation (PUC), Valorous Unit Award (VUA), RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record and separation document should reflect all awards he earned that were erroneously omitted was carefully considered and found to have merit.  The evidence of record confirms the applicant was initially awarded the BSM for meritorious achievement during the period 1 January through 31 August 1969 and that he was subsequently awarded the BSM with "V" Device for heroism on 20 May 1969, as evidenced by orders on file in his MPRJ and by entries on his DA Form 20.  Therefore, it would be appropriate to correct his and DD Form 214 to show his entitlement to the BSM 1st Oak Leaf Cluster (2nd Award) with "V" Device at this time.

2.  The applicant's record also shows that he was awarded the CIB on 4 February 1969, as evidenced by CIB orders on file and a DA Form 20 entry in Item 41.  As a result, it would also be appropriate to add the CIB to Item 24 of his DD Form 214 at this time.

3.  The applicant's contention that he was awarded the ARCOM was also carefully considered and found to have merit.  Although the applicant's record does not include ARCOM orders, given his overall outstanding and valorous record of combat service in the RVN, there is no reason to doubt the validity of the ARCOM certificate he provided, which was properly authenticated and approved by the CG of the 101st Airborne Division at the time.  As a result, it would also be appropriate to add the ARCOM to the list of awards contained on his DD Form 214 at this time.

4.  The applicant's record also confirms that he received "Excellent" conduct and efficiency ratings at all of his active duty assignments, and his record is void of 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 duty service from 15 January 1968 through 7 November 1969.

5.  The evidence of record further confirms that based on his RVN service and campaign participation, the applicant is also entitled to the PUC, VUA, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal with First Class Unit Citation and 4 bronze service stars with his VSM.  Thus, these awards should also be added to his record and separation document.

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 Army Good Conduct Medal for his qualifying period of honorable active duty service from 15 January 1968 through 7 November 1969;

	b.  amending item 24 of his DD Form 214 by deleting the current list of awards and replacing it with the entry, "National Defense Service Medal, Bronze Star Medal with 1st Oak Leaf Cluster with "V" Device, Purple Heart, Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Valorous Unit Award, Presidential Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle (M-14 and M-16) and Machinegun Bars; and

	c.  providing him a correction to his separation document that reflects these changes.



      ___________x______________
                 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)                                         AR20080018370



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ABCMR Record of Proceedings (cont)                                         AR20080018370



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