IN THE CASE OF:	  

		BOARD DATE:	        24 March 2009

		DOCKET NUMBER:  AR20080018463 


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, 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 and any other unit or personal awards to which he is entitled.

2.  The applicant states, in effect, that he was awarded these medals after he received his DD Form 214; therefore, they were not listed.  

3.  The applicant submitted a copy of General Orders Number 425 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's record shows he was inducted into the Army of the United States on 6 December 1967.  He completed basic training and advanced individual training and was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).  On 25 November 1968, he was awarded MOS 16F (Light Air Defense Artillery Crewman) as his primary MOS.  The highest rank he attained while serving on active duty was specialist four (SP4)/E-4. 

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 23 May 1968 through 8 July 1969, performing duties in several MOSs:  13F as a Cannoneer, 05B as a Radio Operator, 16F as a  Gunner, and 71H as a Battery Clerk.  During his Republic of Vietnam tour he was assigned to Battery D, 5th Battalion, 2nd Artillery.

4.  Item 39 (Campaigns) of the applicant's DA Form 20 shows he served in three campaigns:  Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968); the Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968); and the Unnamed Campaign (later designated the Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969).

5.  Section 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure:  the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  On 9 July 1969, the applicant was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR) Control Group (Annual) to complete his remaining Reserve obligation.  He completed
1 year, 7 months, and 4 days of creditable active service during his tenure of service.  His DD Form 214 shows award of the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.   

7.  General Orders Number 425, Headquarters, II Field Force Vietnam Artillery, dated 31 March 1970, shows the applicant was awarded the Army Commendation Medal with "V" Device on 24 February 1969, which is not shown on his DD Form 214.

8.  A review of the applicant’s record indicates entitlement to additional awards and decorations which are not shown on his DD Form 214.

9.  Army Regulation 672-5-1 (Awards), 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) lists the unit awards received by units serving in Vietnam.  This document shows Battery D, 5th Battalion, 2nd Artillery, the unit to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation from 1 Decembers 1968 through 31 May 1969 by Department of the Army General Orders Number 59, dated 1969.

11.  Department of the Army Pamphlet 672-3, document shows that Battery D, 5th Battalion, 2nd Artillery, the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm from 5 April 1969 through 15 March 1969 by Department of the Army General Orders Number 60, dated 1969.

12.  Army Regulation 600-8-22 (Military Awards), Appendix B, shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in five campaigns:  the Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968); Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968); the Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969); the Tet 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969); and the Vietnam Summer-Fall 1969 (9 June 1969 – 3 October 1969).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  This regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that he is entitled to correction of his record to show award of Army Commendation Medal with "V" Device and other medals and decorations was carefully considered and found to have merit.

2.  General Orders Number 425, dated 31 March 1970, awarded the applicant the Army Commendation Medal with "V" Device.  Therefore, he is entitled to correction of his records to show this award.  

3.  The available evidence confirms the applicant served from 6 December 1967 through 6 July 1969 and there is no derogatory information in the available record that would have disqualified him for award of the Good Conduct Medal (1st award).  Therefore, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of a qualifying period of service.

4.  General Orders show Battery D, 5th Battalion, 2nd Artillery was awarded the Meritorious Unit Commendation while the applicant was assigned to this unit, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show this award.

5.  General Orders Number 60, dated 1969, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Battery D, 5th Battalion, 2nd Artillery.  Therefore, he is entitled to correction of his records to show this award.

6.  Evidence of record shows he was awarded the Vietnam Service Medal.  The applicant also participated in five campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of the Vietnam Service Medal with one silver service star.

7.  Evidence of record shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his records should be corrected to show this award.

8.  Evidence of record shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his records should be corrected 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 be corrected by:
     
	a.  awarding the applicant the first award of the Good Conduct Medal for the period 6 December 1967 to 9 July 1969;
   
   b.  deleting from his DD Form 214 dated 9 July 1969 the "Vietnam Service Medal"; and
   
   c.  adding to his DD Form 214, dated 9 July 1969, the Army Commendation Medal with "V" Device, the Good Conduct Medal, the Vietnam Service Medal with one silver service star, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).



      _______ _   _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)                                         AR20080018463





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ABCMR Record of Proceedings (cont)                                         AR20080018463



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