IN THE CASE OF:	

		BOARD DATE:	  16 March 2010

		DOCKET NUMBER:  AR20090016065 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal with first Oak Leaf Cluster (OLC), Bronze Star Medal with "V" Device and first OLC, and two additional awards of the Army Commendation Medal to include one with "V" Device.  He also requests correction of item 10c (Date Inducted) of his DD Form 214 to show "13 MAR 68."

2.  The applicant states he was told the errors would be corrected but he now realizes he must request correction.

3.  To support this application he provides his DD Form 214, General Orders Number 7572, General Orders Number 4515, two copies of General Orders Number 5897, General Orders Number 5039, General Orders Number 3803, two Bronze Star Medal certificates, two Air Medal citations, and an Army Commendation Medal citation.

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 military records show he was inducted into the Army of the United States on 13 March 1968.  He was awarded military occupational specialty (MOS) 11C (infantryman indirect fire crewman) and later MOS 11B (light weapons infantryman).  He was also promoted to pay grade E-5.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam during the period 17 September 1968 to 14 October 1969.  The DA Form 20 shows he was assigned to:

	a.  Company E, 2nd Battalion, 60th Infantry, 9th Infantry Division, as an ammunition bearer in MOS 11C during the period 26 September to 5 October 1968;

	b.  Company B, 2nd Battalion, 60th Infantry, 9th Infantry Division, as an ammunition bearer in MOS 11C and automatic gunner in MOS 11B during the period 6 October to 30 November 1968; and

	c.  Company E, 2nd Battalion, 60th Infantry, 9th Infantry Division, as a senior rifleman and squad leader in MOS 11B during the period 1 December 1968 to 13 October 1969.

4.  The applicant's Official Military Personnel File (OMPF) contains:

	a.  General Orders Number 4515, dated 14 April 1969, awarding him the Bronze Star Medal with "V" Device for heroism on 13 March 1969;

	b.  General Orders Number 7572, dated 26 June 1969, awarding him the Bronze Star Medal with first OLC for meritorious service during the period September 1968 to June 1969;

	c.  General Orders Number 5897, dated 23 May 1969, awarding him the Air Medal and the Air Medal with first OLC;

	d.  General Orders Number 3803, dated 29 March 1969, awarding him the Army Commendation Medal with "V" Device for heroism on 4 January 1969; and

	e.  General Orders Number 5039, dated 28 April 1969, awarding him the Army Commendation Medal with first OLC for outstanding achievement during the period September 1968 to April 1969.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 15 October 1969.  It shows he completed 1 year, 7 months, and 3 days of active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, Air Medal, Bronze Star Medal, and Army Commendation Medal with "V" Device.

7.  A review of the applicant's records and 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 any orders for a third award of the Army Commendation Medal pertaining to the applicant.

8.  The applicant's records show he is entitled to additional awards and decorations which he did not request and are not shown on his DD Form 214.

9.  His DA Form 20, item 41 (Awards and Decorations), shows he was authorized the Parachutist Badge, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal with "V" Device and with first OLC, Bronze Star Medal with "V" Device and with first OLC, Air Medal, Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, and the Sharpshooter Marksmanship Qualification Badge with Mortar (88 mm) Bar.

10.  The applicant's OMPF contains:

	a.  Special Orders Number 320, dated 15 November 1968, awarding him the Combat Infantryman Badge; and

	b.  Special Orders Number 192, dated 7 August 1968, awarding the applicant the Parachutist Badge.

11.  There is no evidence the applicant received the Army Good Conduct Medal.  The applicant received all "excellent" conduct and efficiency ratings during his service.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.

12.  Army Regulation 672-5-1 (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.

13.  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 the Vietnam Counteroffensive Phase V (1 July - 1 November 1968); Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969); Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969); and Vietnam Summer - Fall 1969 (9 June - 31 October 1969) 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.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit and unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that the applicant's units received the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders (DAGO) Number 59, dated 1969; and a second award of these unit citations based on DAGO Number 51, dated 1971, while he was assigned to those units.

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.  Army Regulation 600-8-22 provides that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The ribbon denotes the first award and numerals starting with the numeral 2 denote the number of additional awards.





DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal with "V" Device and with first OLC.  Therefore, he is entitled to correction of his DD Form 214 to show the Bronze Star Medal with "V" Device and with first OLC.

2.  General orders awarded the applicant the Army Commendation Medal with "V" Device and with first OLC.  Therefore, he is entitled to correction of his DD Form 214 to show the Army Commendation Medal with "V" Device and with first OLC.

3.  General orders awarded the applicant the Air Medal with first OLC.  Numerals are now used in place of OLC's on the Air Medal.  Therefore, he is entitled to correction of his DD Form 214 to show the Air Medal with Numeral 2.

4.  Special orders awarded the applicant the Combat Infantryman Badge and Parachutist Badge.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

5.  The applicant is entitled to award of the Army Good Conduct Medal based on completion of qualifying service from 13 March 1968 through 15 October 1969 ending with the termination of a period of Federal military service.

6.  The applicant's records show he was awarded the Vietnam Service Medal and that he participated in four campaigns while serving in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with four bronze service stars.

7.  General orders awarded the applicant's units the RVN Gallantry Cross with Palm Unit Citation on two occasions and the RVN Civil Actions Honor Medal First Class Unit Citation on two occasions which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show these foreign unit awards.

8.  Records show he was awarded the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar and the Sharpshooter Marksmanship Qualification Badge with Mortar (88 mm) Bar.  Therefore, his records should be corrected to show these two weapons qualification badges.

9.  The applicant's records show he was inducted on 13 March 1968.  As such, he is entitled to correction of item 10c of his DD Form 214 to show "13 MAR 68."


10.  In view of the foregoing, the applicant's records should be corrected as shown below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

____X___  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  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.  awarding him the Army Good Conduct Medal (First Award) for the period 13 March 1968 through 15 October 1969;

	b.  deleting from item 24 of his DD Form 214 the list of awards shown and replacing it with the Bronze Star Medal with "V" Device and with first OLC, Air Medal with Numeral 2, Army Commendation Medal with "V" Device and with first OLC, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, RVN Gallantry Cross with Palm Unit Citation (two awards), RVN Campaign Medal with Device (1960), RVN Civil Actions Honor Medal First Class Unit Citation (two awards), Combat Infantryman Badge, Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, and the Sharpshooter Marksmanship Qualification Badge with Mortar (88 mm) Bar; and

	c.  amending item 10c of his DD Form 214 to show "13 MAR 68."








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 a third award 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)                                         AR20090016065



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ABCMR Record of Proceedings (cont)                                         AR20090016065



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