IN THE CASE OF:	  

		BOARD DATE:	  8 July 2010

		DOCKET NUMBER:  AR20100000230 


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 Army Commendation Medal.

2.  The applicant states the medal was sent to him after his tour in Vietnam.  He states his name was spelled wrong and his social security number was listed incorrectly.  He continues by stating his name, "L____ C. K_EI____," was misspelled as "L____ R. K_IE____" and his social security number shown as "XXX-XX-9918" is actually "XXX-XX-4480."

3.  The applicant provides the general orders, certificate, citation, and transmittal document.

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 7 December 1967.  He was awarded the military occupational specialty of field artillery crewman and was promoted to pay grade E-5.

3.   The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 13 May 1968 to 10 July 1969.  His records show he performed duties as a cannoneer, cargo driver, and gunner while assigned to Battery A, 2nd Battalion, 32nd Artillery, during the period 18 May 1968 to 8 July 1969.

4.  The applicant's DA Form 20 shows he qualified as expert with the M-16 rifle and marksman with the M-14 rifle.

5.  The available records are void of orders or other documents that indicate he was recommended for or awarded the Army Commendation Medal by proper authority.

6.  The applicant provided a copy of General Orders 2399, issued by Headquarters, U.S. Army Vietnam, on 3 July 1969, awarding him the Army Commendation Medal for meritorious service during the period May 1968 to July 1969.  The general orders, certificate, and citation all show the recipient's name as "K_IE____, L____ R." and his social security number as "XXX-XX-9918."

7.  The applicant was honorably released from active duty on 11 July 1969 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 7 months, and 5 days of creditable active service.

8.  All documents in the applicant's records show his name as "K_EI____, L____ C." and his social security number as "XXX-XX-4480."

9.  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 National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Army Good Conduct Medal.

10.  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.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour of duty in Vietnam, participation credit was awarded for the Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968), Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968), Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969), Tet 69 Counteroffensive (23 February 1969-8 June 1969), and Vietnam Summer-Fall 1969 (9 June 1969-31 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.  A silver service star is awarded in place of five bronze service stars.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the RVN.  It shows the unit the applicant was assigned to while serving in the RVN was awarded the:

	a.  Meritorious Unit Commendation based on Department of the Army General Orders (DAGO) Number 36, dated 1970;

	b.  RVN Gallantry Cross with Palm Unit Citation based on DAGO Number 48, dated 1971, and DAGO Number 5, dated 1973; and

	c.  RVN Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 51, dated 1971.

13.  Paragraph 6 of Department of the Army Pamphlet 672-3 states that not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual.  The regulation provides that although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the Army Commendation Medal with citation and certificate was sent to him after his tour in Vietnam and that his name and social security number were mistyped on these documents.  While the applicant's middle initial, last name, and social security number on these documents are not identical to that used throughout his military service, the same spelling of the recipient's full name and social security number are used on the Army Commendation Medal orders and all related documents provided.

2.  While the above described errors are evident on the provided documents, the applicant did have the document to provide to the Board and the period covered and unit shown on the Army Commendation Medal documentation are those shown on his DA Form 20.  Based on the dates he was assigned to the unit and the rank he held it is reasonable to presume the errors on the documents originated and were replicated from the same initial transcription error.  As such, the preponderance of evidence is sufficient to accept the documents submitted by the applicant as valid; therefore, it would be appropriate to correct his DD Form 214 to show the Army Commendation Medal.

3.  The applicant's unit was cited for the following awards:

* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation (two citations)
* RVN Civil Actions Honor Medal First Class Unit Citation

during the period he was assigned to the unit; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The available records show the applicant was awarded the Vietnam Service Medal and he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded Vietnam Service Medal with one silver service star.

5.  The applicant's DA Form 20 shows he earned the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  As such, it would be appropriate to add these two badges to his DD Form 214.

6.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

BOARD VOTE:

____x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by:

* deleting the Vietnam Service Medal
* adding the Vietnam Service Medal with one silver service star
* adding the Army Commendation Medal
* adding the Meritorious Unit Commendation
* adding two RVN Gallantry Cross with Palm Unit Citations
* adding the RVN Civil Actions Honor Medal First Class 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)                                         AR20100000230



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)