IN THE CASE OF:	  

		BOARD DATE:	  9 March 2010

		DOCKET NUMBER:  AR20090014151 


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 that the Army Commendation Medal with First Oak Leaf Cluster, Meritorious Unit Commendation, Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that these authorized awards were omitted from his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and the citation and orders for the Army Commendation Medal and Army Commendation 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 enlisted in the Regular Army on 30 June 1966, completed training as a pay and disbursing specialist, and served in Vietnam with the 1st Administration Company, 1st Infantry Division, from 20 January 1967 to 8 January 1968.

3.  Headquarters, 1st Infantry Division, General Orders Number 8773, dated 10 December 1967, awarded him the Army Commendation Medal for meritorious achievement for the period 15 October 1967-15 November 1967.  Headquarters, 1st Infantry Division, General Orders Number 8703, dated 9 December 1967 [sic], awarded him the Army Commendation Medal with First Oak Leaf Cluster for meritorious service for the period January 1967-December 1967.

4.  The applicant returned to the United States and served a tour of duty at Fort Jackson, SC.  On 27 June 1969 he was separated from active duty at the expiration of his term of service and transferred to the U.S. Army Reserve Control Group (Reinforcement) in pay grade E-5.

5.  Block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Medals Awarded or Authorized) of his DD Form 214 lists his awards as the National Defense Service Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal, RVN Campaign Medal with Device (1960), one overseas service bar, and the Expert Marksmanship Qualification Badge with Rifle Bar (M14).

6.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Administration Company was authorized the following unit awards:

	a.  the Meritorious Unit Commendation for the period 1 January 1967-30 November 1967 by Department of the Army General Order (DAGO) 66, dated 1968, and for the period 1 December 1967-30 November 1968 by DAGO 36, dated 1970, and

	b.  the RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965-16 October 1968 by DAGO 21, dated 1969.

7.  Army Regulation 600-8-22 (Military Awards) states that a bronze oak leaf cluster will be worn to designate the second and each subsequent award of personal decorations and unit awards.

8.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in two campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governed the requirements for the overseas service bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.

10.  For Vietnam service, one overseas service bar was authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that the Army Commendation Medal with First Oak Leaf Cluster, Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation should be added to his DD Form 214.

2.  He was awarded the Army Commendation Medal with First Oak Leaf Cluster.

3.  His Vietnam unit was twice awarded the Meritorious Unit Commendation.  He is authorized the Meritorious Unit Commendation with First Oak Leaf Cluster.

4.  The applicant's unit was awarded the RVN Gallantry Cross with Palm Unit Citation.

5.  He participated in two campaigns while serving in the RVN.  He is authorized two bronze service stars to be worn on the Vietnam Service Medal.

6.  The applicant's Vietnam service from 20 January 1967 to 8 January 1968 warranted authorization of two overseas service bars.

7.  The above awards and insignia should be added to the authorized awards shown on his DD Form 214.

8.  There is no available evidence that the 1st Administration Company was awarded or authorized the RVN Civil Actions Honor Medal First Class Unit Citation.

9.  In view of the foregoing findings and conclusions, it would be appropriate to rectify this error by correcting the applicant's records as recommended below.

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 the awards presently shown on in block 24 of his DD Form 214; and

	b.  showing that his authorized awards consist of the Army Commendation Medal with First Oak Leaf Cluster, Army Good Conduct Medal (1st Award), National Defense Service Medal, Vietnam Service Medal with two bronze service stars, RVN Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation with First Oak Leaf Cluster, RVN Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar, and two overseas service bars.



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 showing the RVN Civil Actions Honor Medal as an authorized award.



      ____________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)                                         AR20090014151



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ABCMR Record of Proceedings (cont)                                         AR20090014151



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