IN THE CASE OF:	  

		BOARD DATE:	    27 July 2010

		DOCKET NUMBER:  AR20090018591 


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 the following awards:

* Bronze Star Medal awarded by General Order (GO) Number 8112, dated 1 July 1969 
* Army Commendation Medal with "V" Device (1st Award) awarded by 
GO Number 2632, dated 6 March 1969.  

2.  The applicant states these decorations were not entered on his DD Form 214 and that a second award of the Army Commendation Medal with "V" Device awarded on 31 March 1969 was included.  

3.  The applicant provides the following documents in support of his application:

* DD Form 214
* GO Number 8112, dated 1 July 1969 awarding him the Bronze Star Medal
* GO Number 3864, dated 31 March 1969, awarding him the Army Commendation with "V" Device
* GO Number 2632, dated 6 March 1969, awarding 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.  The applicant enlisted in the Regular Army on 11 October 1966.  The highest rank he attained was staff sergeant.  

3.  The applicant served in Vietnam from 26 November 1968 to 25 August 1969 with the 9th Military Police Company, 9th Infantry Division.

4.  Item 41 (Awards and Decorations) on his DA Form 20 (Enlisted Qualification Record) lists three awards of the Army Commendation Medal, one with "V" Device issued by Headquarters, 9th Infantry Division, GO Number 3864, dated 1969.  

5.  The applicant's service record contains orders which show he was awarded the following awards:  

	a.  Army Commendation Medal for outstanding achievement from 1 November 1968 to 31 January 1969 by GO Number 1921, dated 18 February 1969;

	b.  Army Commendation Medal with "V" Device for heroism on 14 January 1969 by GO Number 2632, dated 6 March 1969;

	c.  Army Commendation Medal with "V" Device for heroism on 28 February 1969 by GO Number 3864, dated 31 March 1969;

	d.  Army Commendation Medal (Second Oak Leaf Cluster) for outstanding achievement from 20 March 1969 to 26 March 1969 by GO Number 4553, dated 15 April 1969; and 

	e.  Bronze Star Medal for meritorious service from October 1968 to July 1969 by GO Number 8112, dated 1 July 1969.

6.  The applicant was honorably separated on 25 August 1969 as a staff sergeant.  He completed 2 years, 10 months, and 15 days of active military service with no days of lost time.  His DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his service.  His service record does not contain any disciplinary actions.

7.  The Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of GO's issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, shows the applicant was awarded the Army Commendation Medal (Fourth Oak Leaf Cluster) for outstanding achievement from 1 February to 20 May 1969 by GO Number 5881, dated 23 May 1969.  

8.  His DD Form 214 shows entitlement to the following awards:

* National Defense Service Medal
* Three Expert Marksmanship Qualification Badges, with Rifle, Pistol, and 
   Mortar Bars
* Armed Forces Expeditionary Medal
* Vietnam Service Medal
* Three awards of the Army Commendation Medal, two with "V" Devices
   Army Commendation Medal (First Award) 
Army Commendation Medal with "V" Devices (First Oak Leaf Cluster) 
Army Commendation Medal (Second Oak Leaf Cluster) 
* One Overseas Service Bar

9.  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 that, at the time of the applicant's assignment to the 9th Military Police Company, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army GO Number 59, dated 1969.

10.  Army Regulation 600-8-22 (Military Awards) states an Oak Leaf Cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

11.  Army Regulation 600-8-22 states the bronze "V" Device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" Device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one "V" Device may be worn on awards of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal.
12.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation
600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam he participated in the following campaigns:  

* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69/Counteroffensive (23 February-8 June 1969)
* Vietnam Summer - Fall 1969 (9 June-31 October 1969)

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  The Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  A Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  GO Number 8112, dated 1 July 1969 shows the applicant was awarded the Bronze Star Medal meritorious service from October 1968 to July 1969.  Therefore, this decoration should be added to his DD Form 214.

2.  The applicant's service record contains orders which verify he was awarded five awards of the Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to reflect a total of five awards of the Army Commendation Medal. 

3.  A review of the applicant's service record shows he is entitled to additional awards that are not shown on his DD Form 214.

4.  It appears the applicant has met the regulatory requirements for award of the first Army Good Conduct Medal for a qualifying period from 11 October 1966 through 25 August 1969.  His service records show he received conduct and efficiency ratings of "excellent" and he was promoted to staff sergeant during this period.

5.  The applicant was assigned to the 9th Military Police Company when this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these unit awards should be added to his DD Form 214.

6.  The applicant's DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in three campaigns during the Vietnam War.  Therefore, his DD Form 214 should be corrected to show three bronze service stars for wear on 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 the following entries from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214: "ACM 1st Award," "ACM W/V Dvs (1st OLC)," and "ACM 2nd OLC";

	b.  awarding him the first award of the Army Good Conduct Medal for the period 11 October 1966 through 25 August 1969; and

	c.  adding the Bronze Star Medal, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Army 


Commendation Medal (Fourth Oak Leaf Cluster) with "V" Device, and three bronze service stars for wear on his already-awarded Vietnam Service 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)                                         AR20090018591



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090018591



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1