IN THE CASE OF:	

		BOARD DATE:	  16 March 2010

		DOCKET NUMBER:  AR20090014893 


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 his 1969 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect award of the Army Commendation Medal with “V” Device.

2.  The applicant states he earned the medal and he should have it documented on his DD Form 214.

3.  The applicant provides a copy of his 1969 DD Form 214 and a copy of the orders which awarded him the Army Commendation Medal with “V” Device.

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.  Records available to the Board indicate the applicant was inducted and entered active duty on 5 October 1967.  Following completion of training he was assigned to Fort Belvoir, Virginia prior to being reassigned to Vietnam as a medical corpsman in November 1968.

3.  The applicant arrived in Vietnam in December 1968 where he was assigned to the 3rd Battalion of the 39th Infantry, part of the 9th Infantry Division.

4.  In January 1969, the applicant was awarded the Combat Medal Badge.  In February 1969, he was awarded his first Army Commendation Medal for meritorious achievement.  In June 1969, he was awarded his first Bronze Star Medal for meritorious achievement.  In July 1969, he was awarded an Army Commendation Medal with “V” Device for heroic actions on 17 May 1969.  In July 1969, the applicant was awarded a second Bronze Star Medal for meritorious service.  These awards were announced in orders published by the 9th Infantry Division.

5.  The applicant departed Vietnam in August 1969 and on 21 August 1969 he was released from active duty with an honorable characterization of service in pay grade E-5.  His conduct and efficiency ratings throughout his military service were “excellent” and there is no evidence of any misconduct.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 reflects the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, only one Army Commendation Medal, and one Bronze Star Medal.

7.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in three 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.  

8.  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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1069 by Department of the Army General Order Number 43, dated 1970 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1969 to June 1969 by Department of the Army General Orders Number 59, dated 1969.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army 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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was awarded an Army Commendation Medal with “V” Device in addition to his Army Commendation Medal for meritorious achievement which is already reflected on his DD Form 214.  The evidence confirms the applicant was also awarded the Combat Medical Badge and a second Bronze Star Medal which was omitted from his DD Form 214.  His 1969 DD Form 214 should be corrected accordingly.

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

3.  The applicant was assigned to a unit that was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His records should be corrected accordingly.

4.  The evidence of record shows the applicant met the criteria for award of the Army Good Conduct Medal; however, this award is not shown on DD Form 214.  There is no evidence in the available records which shows the applicant was disqualified for this award.  The applicant is therefore entitled to award of the Army Good Conduct Medal (First Award), for the period from 5 October 1967 to
21 August 1969.

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 him the Army Good Conduct Medal for the period from 5 October 1967 to 21 August 1969;
   
   b.  adding to the applicant's DD Form 214 the Army Good Conduct Medal, Army Commendation Medal with “V” Device, Combat Medical Badge, two Bronze Star Medals; three bronze service stars to be worn on his already-awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and
   
   c.  providing the individual a corrected DD Form 214 to show the above corrections.



      _______ _   _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)                                         AR20090014893



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ABCMR Record of Proceedings (cont)                                         AR20090014893



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