IN THE CASE OF:	

		BOARD DATE:	  02 March 2010

		DOCKET NUMBER:  AR20090016764 


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 a second award of the Army Commendation Medal.

2.  The applicant states, in effect, he was awarded two awards of the Army Commendation Medal.

3.  The applicant provides a copy of his DD Form 214 for the period ending 
31 August 1970 and a copy of a certificate that shows he was awarded the Army Commendation Medal (1st Oak Leaf Cluster) on 26 August 1970 in support of his request.

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 records show he was inducted into the Army of the United States on 27 September 1967.  He was honorably discharged on 1 October 1967 for the purpose of immediate enlistment into the Regular Army (RA).  He subsequently enlisted in the RA on 2 October 1967 for a period of 3 years.

3.  The applicant's records also show he completed basic combat and advanced individual training and he was initially awarded military occupational specialty (MOS) 76P (Stock Control and Accounting Specialist).  He was later awarded MOS 71H (Personnel Specialist).  He was honorably discharged in the rank/grade of specialist five (SP5)/E-5 on 31 August 1970 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his Reserve obligation.

4.  The applicant's records further show he served in the Republic of Vietnam from on or about 5 May 1968 to on or about 4 May 1969.  He was assigned to the 21st Supply and Service Company.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle Bar.

6.  Headquarters, 1st Logistical Command, APO San Francisco, General Orders Number 310, dated 28 April 1969, awarded the applicant the Army Commendation Medal for meritorious service from May 1968 to May 1969. 

7.  Headquarters, U.S. Army Engineer Center, Fort Belvoir, VA, General Orders Number 172, dated 28 August 1970, awarded the applicant the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service from
17 June 1969 to 31 August 1970.

8.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's tenure of assignment to the 21st Supply and Service Company, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from based on Department of the Army General Orders Number 8, dated 1974.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in four campaigns during his service in the Republic of Vietnam, as follows:  the Vietnam Counteroffensive, Phase IV (2 April 1968 through 30 June 1968); Vietnam Counteroffensive, Phase V (1 July 1968 through 1 November 1968); Vietnam Counteroffensive, Phase VI (2 November 1968 through 22 February 1969); and the TET 69 Counteroffensive, 1969 (23 February 1969 through 8 June 1969).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Army Regulation 600-8-22 also states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant two awards of the Army Commendation Medal for meritorious service, one of which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show two awards of the Army Commendation Medal.

2.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, his records show he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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.  deleting from item 24 of his DD Form 214 the Army Commendation Medal and the Vietnam Service Medal; and

	b.  adding to item 24 of his DD Form 214 the Army Commendation Medal (1st Oak Leaf Cluster), Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      ___________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)                                         AR20090016764



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ABCMR Record of Proceedings (cont)                                         AR20090016764



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