IN THE CASE OF:	  

		BOARD DATE:	  17 December 2009

		DOCKET NUMBER:  AR20090010210 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) should be corrected to reflect all awards he is eligible for. 

2.  The applicant states, in effect, the three Army Commendation Medals (ARCOMs) and  Bronze Star Medal (BSM) he earned in the Republic of Vietnam (RVN) and all awards he is eligible for should be added to his DD Form 214.  

3.  The applicant provides the following documents in support of his application:  DD Form 214; ARCOM Certificates, dated 11 April 1969, 16 October 1969, and 17 October 1969; and BSM Certificate, dated 6 November 1969.  

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 and entered active duty on 18 March 1968.  He was trained in and awarded military occupational specialty (MOS) 31B (Field Radio Mechanic).

3.  The applicant's DA Form 20 shows he served in the RVN from 28 September 1968 through 17 October 1969.  Item 38 (Record of Assignments) shows that during his RVN tour he was assigned to Headquarters and Headquarters Company and Company B, 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division, performing duties in MOS 31B as a field radio mechanic.  

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows, in
Item 41(Awards, Decorations and Campaigns), he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal (RVNCM) with Device (1960), ARCOM 1st Oak Leaf Cluster (2nd Award) by General Order Number 7479, Army Good Conduct Medal (AGCM), Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.

5.  The applicant's record contains 9th Infantry Division, General Orders Number 4382, dated 11 April 1969, which awarded him the ARCOM for his outstanding achievement in connection with military operations against a hostile force in the RVN during the period 20 September 1968 through 27 March 1969.  It also contains Headquarters, 9th Infantry Division, General Orders Number 7479, dated 25 June 1969, which awarded him the ARCOM 1st Oak Leaf Cluster (2nd Award) for his meritorious service in connection with military operations against a hostile force in the RVN.  There are no orders or other documents on file that show he was awarded the ARCOM 2nd Oak Leaf Cluster (3rd Award) or BSM at anytime during his active duty service.  

6.  On 22 October 1969, the applicant was honorably released from active duty (REFRAD), in the rank of specialist five, after completing a total of 1 year, 7 months, and 5 days of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the NDSM, VSM, RVNCM, ARCOM, and AGCM.


7.  During the processing of this case, a member of the Board’s staff reviewed the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973, which is maintained by the Military Awards Branch of the United States Army Human Resources Command.  There were no ARCOM 2nd Oak Leaf Cluster (3rd Award) or BSM orders on file for the applicant. 

8.  The applicant provides a copy of a BSM certificate which shows he was awarded the BSM for his meritorious achievement in the RVN during the period October 1968 through October 1969.  He also provides three separate ARCOM certificates which show he was awarded the ARCOM for his meritorious achievements during the following periods:  September 1968 through March 1969, 20 October 1968 through 20 February 1969, and 21 February 1969 through 21 June 1969.

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized for each RVN campaign a member is credited with participating in.  Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the following campaigns: Vietnam Counteroffensive Phase V (1 July 1968 through 1 November 1968), Vietnam Counteroffensive Phase VI (2 November 1968 through 22 February 1969),
TET  69 Counteroffensive 1969 (23 February 1969 through 8 June 1969), and Vietnam Summer-Fall 1969 (9 June 1968 through 31 October 1969).

10.  Paragraph 3-14 of the awards regulation contains guidance on award of the BSM.  It states, in pertinent part, that it is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service.  

11.  Paragraph 3-17 of the awards regulation contains guidance on the ARCOM. It states, in pertinent part, that the ARCOM is 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, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  


12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault-landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN, the applicant's unit (Headquarters and Headquarters Company, 2nd Brigade, 9th Infantry Division) earned the RVN Gallantry Cross with Palm Unit Citation for the period January through June 1969, and the RVN Civil Actions Honor Medal with First Class Unit Citation for the period 
19 December 1966 through 28 June 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he earned the ARCOM 2nd Oak Leaf Cluster (3rd Award) and BSM were carefully considered.  However, there is insufficient evidence to support this claim. 

2.  The evidence of record confirms the applicant was awarded the ARCOM 1st Oak Leaf Cluster (2nd Award), as evidenced by entries on his DA Form 20 and general orders on file in his record.   However, there are no record entries or orders on file that show he was awarded the ARCOM 2nd Oak Leaf Cluster or BSM.  As a result, absent any evidence of record corroborating the information contained on the award certificates he provided, there is an insufficient evidentiary basis to support granting this portion of the requested relief. 

3.  The evidence of record confirms that based on his RVN service and campaign participation, the applicant is eligible for the  RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, 4 bronze service stars with his VSM, and the Device 1960 with his RVNCM.  In addition, his record shows he earned the Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar and Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, which were not included in item 24 of his DD Form 214.  Therefore, it would be appropriate to add these awards and decorations to his record and DD Form 214 at this time.  

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 amending item 24 of his DD Form 214, dated 22 October 1969, as follows:

	a.  delete the current Army Commendation Medal entry and replace it with the entry "Army Commendation Medal 1st Oak Leaf Cluster (2nd Award)";

	b.  add "4 bronze service stars" to the current Vietnam Service Medal entry;

	c.  add the "Device 1960" to the current Republic of Vietnam Campaign Medal entry; and 

	d.  add the "Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar, and Expert Marksmanship Qualification Badge with Rifle (M-14) Bar."

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 award of the Army Commendation Medal with 2nd Oak Leaf Cluster and Bronze Star 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)                                         AR20090010210



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ABCMR Record of Proceedings (cont)                                         AR20090010210



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