IN THE CASE OF:	  

		BOARD DATE:	  20 October 2009

		DOCKET NUMBER:  AR20090008722 


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 (Report of Transfer or Discharge) to show the Bronze Star Medal (Second Oak Leaf Cluster) with "V" Device (three awards of the Bronze Star Medal) and the Army Commendation Medal (Third Oak Leaf Cluster) with "V" Device (four awards of the Army Commendation Medal).

2.  The applicant states that the awards were left off his DD Form 214.  

3.  The applicant provides a copy of his DD Form 214; orders and an award certificate for the Bronze Star Medal with "V" Device for heroism on 8 April 1969; orders, award certificate, and citation for the Bronze Star Medal with First Oak Leaf Cluster for the period January 1969 to April 1969; orders, award certificate, and citation for the Bronze Star Medal with Second Oak Leaf Cluster for the period September 1968 to July 1969; orders and an award certificate for the Army Commendation Medal with "V" Device for heroism on 4 December 1968; orders and an award certificate for the Army Commendation Medal with First Oak Leaf Cluster with "V" Device for the period October 1868 to December 1968; and orders and an award certificate for the Army Commendation Medal with First Oak Leaf Cluster with "V" Device for heroism on 19 January 1969  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 into the Army of the United States on 20 March 1968.  He arrived in Vietnam on 29 September 1968.  He served as an infantryman assigned to Company B, 1st Battalion, 16th Infantry of the
9th Infantry Division in Vietnam from 7 October 1968 through 20 October 1968.  He was assigned to Company B, 5th Battalion, 60th Infantry of the 9th Infantry Division in Vietnam from 21 October 1968 through 21 October 1969.  On 
23 October 1969, he was released from active duty in the temporary rank/grade of sergeant (SGT)/E-5 after completing 1 year, 7 months, and 4 days of creditable active service with no time lost.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Combat Infantryman Badge, Bronze Star Medal, Air Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation as authorized awards.

4.  Orders show the applicant received the Bronze Star Medal with "V" Device for heroism on 8 April 1969 in Vietnam. 

5.  Orders show the applicant received the Bronze Star Medal with First Oak Leaf Cluster for meritorious achievement during the period January 1969 to April 1969.

6.  Orders also show he received the Bronze Star Medal with Second Oak Leaf Cluster for meritorious service during the period September 1968 to July 1969.  

7.  Orders show the applicant received the Army Commendation Medal with "V" Device for heroism on 4 December 1968 in Vietnam.  

8.  Orders show the applicant received the Army Commendation Medal with Second Oak Leaf Cluster for meritorious achievement during the period October 1968 to December 1968.
9.  Orders show the applicant received the Army Commendation Medal with "V' Device for heroism on 19 January 1969 in Vietnam.  These orders were amended to show he received the Army Commendation Medal with "V" Device with First Oak Leaf Cluster.

10.  There are no orders for a fourth award of the Army Commendation Medal in the available records.  Item 41 (Awards and Decorations) on the applicant's DA Form 20 (Enlisted Qualification Record) shows entitlement to three awards of the Army Commendation Medal, two of which are for valor.

11.  A 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 United States Army Human Resources Command, failed to reveal orders for a fourth award of the Army Commendation Medal.

12.  Records show that during the applicant's tenure of service in Vietnam from
29 September 1968 to 21 October 1969, he participated in the following four campaigns:    Vietnam Counteroffensive, Phase V (1 July 1968 – 1 November 1968); Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969); Tet 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969); and Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969).

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

14.  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 (1st Battalion, 16th Infantry) at the time of his assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation (12 July 1965 to 16 October 1968) based on Department of the Army General Orders (DAGO) Number 21, dated 1971.  His unit (5th Battalion, 60th Infantry) was also awarded three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 July 1968 to 13 November 1968 based on DAGO Number 43, dated 1970; January to June 1969 based on DAGO Number 59, dated 1969; and 29 July 1969 to 20 July 1970 based on DAGO Number 55, dated 1971.

15.  Paragraph 6 (Miscellaneous Information) of DA Pamphlet 672-3 states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

16.  Department of the Army Pamphlet 672-3 also shows the applicant's unit 
(1st Battalion, 16th Infantry) at the time of his assignment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 53, dated 1970.  His unit (5th Battalion, 60th Infantry) was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 55, dated 1971.

17.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

18.  Army Regulation 672-5-1 (Decorations and Awards), 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 a positive recommendation for its award and until the awarding authority announced the award in general orders.

19.  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, in this case the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows one award of the Bronze Star Medal.  However, orders show he received the Bronze Star Medal with Second Oak Leaf 
Cluster, of which one was for valor.  Therefore, his DD Form 214 should be corrected to show the Bronze Star Medal with "V" Device with Second Oak Leaf Cluster.

2.  The applicant's DD Form 214 shows one award of the Army Commendation Medal.  Although the applicant requests correction of his DD Form 214 to show four awards of the Army Commendation Medals, evidence of record shows he received only three awards of the Army Commendation Medal, of which two were for valor.  Therefore, in the absence of orders for a fourth award of the Army Commendation Medal, his DD Form 214 should be corrected to show the Army Commendation Medal with "V" Device with Second Oak Leaf Cluster.  

3.  The applicant was released from active duty in the temporary rank of SGT with 1 year, 4 months, and 4 days of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 20 March 1968 through 23 October 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to award of the Army Good Conduct Medal (first award) and correction of his records to show this award.

4.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show four bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  The applicant's unit (1st Battalion, 16th Infantry) was cited for an award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and his unit (5th Battalion, 60th Infantry) was cited for three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is eligible to wear one of those awards.  However, his DD Form 214 should be corrected to show four awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The applicant's units (1st Battalion, 16th Infantry and 5th Battalion, 60th Infantry) were each cited for an award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to the respective units.  Therefore, his DD Form 214 should be corrected to show the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (Two Awards).




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____x___  ___x_____  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of his DD Form 214 the Army Commendation Medal, Bronze Star Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation;

	b.  awarding him the first award of the Army Good Conduct Medal for the period 20 March 1968 through 23 October 1969; and   

	c.  adding to item 24 of his DD Form 214 the Bronze Star Medal with "V" Device with Second Oak Leaf Cluster, Army Commendation Medal with "V" Device with Second Oak Leaf Cluster, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars; Republic of Vietnam Gallantry Cross with Palm Unit Citation (Four Awards); and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (Two Awards).

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show four awards of the Army Commendation Medal.



      __________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)                                         AR20090008722



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ABCMR Record of Proceedings (cont)                                         AR20090008722



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