IN THE CASE OF:	  

		BOARD DATE:	 20 October 2009 

		DOCKET NUMBER:  AR20090008197 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show all of his awards. 

2.  The applicant states he received a letter from the National Personnel Records Center indicating he was awarded the Bronze Star Medal and the Army Commendation Medal with one bronze oak leaf cluster and "V" Device.  However, these are only two of the awards he earned in Vietnam and he provides copies of five general orders to document his additional awards.

3.  The applicant provides copies of his DD Form 214, five sets of general orders, and a 2 March 2009 National Personnel Records Center letter. 

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 on 30 April 1968, completed training, and was awarded the military occupational specialty 13B (Field Artillery Crewman).

3.  He served in Vietnam with A Battery, 7th Battalion, 11th Field Artillery Regiment, 25th Infantry Division from 20 September 1968 through 1 September 1969.

4.  Headquarters, 25th Infantry Division General Orders Number 3487, dated 19 March 1969, awarded the applicant Army Commendation Medal with "V" Device for his heroic actions on 13 February 1969.

5.  Headquarters, 25th Infantry Division General Orders Number 7115, dated 22 May 1969, awarded the applicant Army Commendation Medal with "V" Device and first Oak Leaf Cluster for his heroic actions on 2 May 1969.

6.  Headquarters, 25th Infantry Division General Orders Number 9275, dated 16 July 1969, awarded the applicant Army Commendation Medal with "V" Device for his heroic actions on 6 June 1969.

7.  Headquarters, 25th Infantry Division General Orders Number 9781, dated 26 July 1969, amended General Orders Number 9275 to show award of Army Commendation Medal with "V" Device with second Oak Leaf Cluster.

8.  Headquarters, 25th Infantry Division General Orders Number 10083, dated 5 August 1969, awarded the applicant the Bronze Star Medal with "V" Device for his heroic actions on 7 June 1969.

9.  The applicant's DA Form 20 (Enlisted Qualification Record) provides the following:

	a.  his authorized awards are the National Defense Service Medal, the Sharpshooter Marksmanship Qualification Badge (M-16), the Vietnam Service Medal, the Army Commendation Medal with "V" Device and 1st Oak Leaf Cluster, the Valorous Unit Award, the Bronze Star Medal with "V" Device, the Republic of Vietnam Campaign Medal with Device (1960), the Expert Marksmanship Qualification Badge (M-14), and 2 overseas service bars;

	b.  he served in Vietnam during four campaign periods; and 

	c.  his conduct and efficiency rating are reported as exclusively “excellent.”

10.  The applicant was released from active duty on 29 April 1970 with two years of creditable service and no time lost.  

11.  The applicant's DD Form 214 shows his authorized awards as the National Defense Service Medal, the Expert Marksmanship Qualification Badge (M-14), the Sharpshooter Marksmanship Qualification Badge (M-16), the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal, the Army Commendation Medal, the Valorous Unit Award, the Bronze Star Medal, and 2 overseas service bars.

12.  The 2 March 2009 National Personnel Records Center letter lists the applicant's awards as the Bronze Star Medal, the Army Commendation Medal with one bronze Oak Leaf Cluster and "V" Device, the Valorous Unit Award, the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Badge with Automatic Rifle Bar.

13.  Army Regulation 672-5-1 (Military 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, a disqualification was normally noted on the DA Form 20.

14.  Army Regulation 600-8-22 (Military Awards) sets forth the policies and procedures for awards.  It provides the following:

	a.  an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal;

	b.  the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze “V” device in conjunction with awards of the Army Commendation Medal and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal or the Bronze Star Medal may be made for heroism to the same person, the regulation provides that only one “V” device may be worn on awards of the Army Commendation Medal and the Bronze Star Medal for heroism; and 

	c.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following four campaign periods:  the Counteroffensive Phase V, 1 July 1968 – 1 November 1968; the Counteroffensive Phase VI, 2 November 1968 – 22 February 1969; the Tet 69 Counteroffensive, 23 February 1969 – 8 June 1969; and the Vietnam Summer–Fall 1969, 9 June 1969 – 31 October 1969.

15.  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 that while the applicant was assigned to the 7th Battalion, 11th Field Artillery Regiment , 25th Infantry Division, it was cited for award of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

16.  Army Regulation 635-5 Separation Documents) states that a Soldier's awards and decorations for all periods of service are to be listed in the priority sequence and abbreviations are not to be used. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that all of his awards are not properly listed on his DD Form 214. 

2.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, and his personal decorations.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 30 April 1968 through 29 April 1970.

3.  The applicant was awarded the Army Commendation Medal for personal heroic actions on three occasions.  He is entitled to wear two Oak Leaf Clusters and the "V" Device on his Army Commendation Medal.  The DD Form 214 shows only the Army Commendation Medal.  It is appropriate to delete this entry and replace it with the Army Commendation Medal with two Oak Leaf Clusters and "V" Device.

4.  The applicant's DD Form 214 omits the designation that the applicant's award of the Bronze Star Medal was with the "V" Device.  It is appropriate to correct this error to show this award was with the "V" Device.

5.  The applicant served during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal.

6.  In addition to the awards listed on the DD Form 214, the applicant is authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

7.  The applicant's awards and decorations are not listed in the priority sequence, are not correctly listed, and abbreviations were improperly used.  

8.  Therefore, based on the above facts and findings, it is appropriate to delete all entries in block 24 of the DD Form 214 and replace it with the following:  the Bronze Star Medal with "V" Device, the Army Commendation Medal with two bronze Oak Leaf Clusters and "V" Device, the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Valorous Unit Award, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and 2 overseas service bars. 

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 the applicant the Good Conduct Medal for his period of service from 30 April 1968 through 29 April 1970;

	b.  deleting all entries at block 24 of the DD Form 214; and

	c.  entering at block 24 the following awards: the Bronze Star Medal with "V" Device, the Army Commendation Medal with two bronze Oak Leaf Clusters and "V" Device, the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Valorous Unit Award, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship Badge with Rifle Bar, and 2 overseas service bars. 




      _______ _   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)                                         AR20090008197



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ABCMR Record of Proceedings (cont)                                         AR20090008197



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