BOARD DATE:	  6 October 2009

		DOCKET NUMBER:  AR20090006357 


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 award of the Army Commendation Medal with "V" Device and the Air Medal with First Oak Leaf Cluster.

2.  The applicant states, in effect, that these two awards are not on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 18 September 1969.  He requests that a DD Form 215 (Correction to DD Form 214) be issued.

3.  The applicant provides the following documents in support of his application:

	a.  General Orders Number 10371, dated 11 September 1969, issued by Headquarters, 1st Infantry Division announcing award of the Army Commendation Medal with "V" Device for heroic actions on 12 June 1969 in the Republic of Vietnam with an award certificate attached;

	b.  an award certificate and citation, dated 20 May 1969, showing the applicant received the Air Medal; and

	c.  an award certificate and citation, dated 1 September 1969, showing the applicant received the Air Medal with First Oak Leaf Cluster.





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 on 14 February 1968.  He successfully completed basic and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he attained during this period of enlistment was sergeant (temporary)/pay grade E-5. 

3.  The applicant's DA Form 20 (Enlisted Qualification Record), dated 15 September 1969, shows he served in the Republic of Vietnam from 11 July 1968 to 18 September 1969.  He was assigned to Company D, 2nd Battalion, 18th Infantry, 1st Infantry Division and then to Company E, 2nd Battalion, 18th Infantry, 1st Infantry Division.

4.  The applicant was honorably released from active duty on 18 September 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He was issued a DD Form 214 that shows he served on active duty for 1 year, 7 months, and 5 days and his foreign service equals 1 year, 2 months, and 7 days. 

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  the Purple Heart, the Bronze Star Medal; the Army Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Combat Infantryman Badge.  





6.  The applicant's official military personnel record contains the following orders:

	a.  Special Orders Number 89 issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, WA, dated 30 March 1968, announcing award of  the Expert Marksmanship Qualification Badge (Rifle M-14);

	b.  Special Orders Number 143 issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, WA, dated 23 May 1968, announcing award of  the Marksman Marksmanship Qualification Badge (Rifle M-16);

	c.  Special Orders 147, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, dated 27 May 1968, announcing award of  the Expert Marksmanship Qualification Badge (M-60 Machinegun); and

	d.  Special Orders Number 8764, issued by Headquarters, 1st Infantry Division, dated 16 August 1969, announcing award of the Air Medal with First Oak Leaf Cluster.

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command confirms General Orders Number 10371, dated 
11 September 1969, awarded the applicant the Army Commendation Medal with "V" Device. 

8.  The applicant's records show that he is entitled to additional awards that he did not request and are not listed on his DD Form 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows Department of the Army General Order Number 53, dated 1970 awarded 2nd Battalion, 18th Infantry the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while the applicant was assigned there.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for one or more days to a unit participating in or directly supporting military operations.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam, he participated in four campaigns:  the Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968), the Counteroffensive, Phase VI (2 November 1968 to 22 February 1969), the Tet 69 Counteroffensive (23 February 1969 to 8 June 1969), and the Summer-Fall 1969 (9 June 1969 to 31 October 1969).  This same regulation states that a bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  Orders announced award of the Air Medal with First Oak Leaf Cluster, the Army Commendation Medal with "V" Device, the Expert Marksmanship Qualification Badge with M-14 Rifle Bar, the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar, and the Expert Marksmanship Qualification Badge with M-60 Machinegun Bar.  Therefore, the applicant is entitled to have his DD Form 214 corrected to show these awards.

2.  Records show the applicant was already awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to his Vietnam Service Medal.

3.  General orders announced award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 2nd Battalion, 18th Infantry during a period of time the applicant was assigned there.  Therefore, the applicant is entitled to have his record corrected to show this unit 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.  deleting from his DD Form 214 the Vietnam Service Medal; and 

	b.  adding to his DD Form 214 the Air Medal with First Oak Leaf Cluster; the Army Commendation Medal with "V" Device; the Expert Marksmanship Qualification Badge with M-14 Rifle Bar; the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar; the Expert Marksmanship Qualification Badge with M-60 Machinegun Bar; the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and the Vietnam Service Medal with four bronze service stars. 




      _______ _   _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)                                         AR20090006357



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ABCMR Record of Proceedings (cont)                                         AR20090006357



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