IN THE CASE OF:	  

		BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100011969 


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 (Report of Transfer or Discharge) to show all authorized awards, including the Bronze Star Medal with "V" Device (Third Oak Leaf Cluster), Combat Medical Badge, and the Army Commendation Medal with "V" Device.  

2.  The applicant states these awards are not listed on his DD Form 214.

3.  The applicant provides:

* Orders for the Combat Medical Badge and the Army Commendation Medal with "V" Device
* Amended orders for the Bronze Star Medal with "V" Device (Third Oak Leaf Cluster)  

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 29 December 1965 for a period of 3 years.  He arrived in Vietnam on 14 December 1967.  He served as a medic assigned to Headquarters and Headquarters Company, 2nd Battalion (Airborne), 501st Infantry in Vietnam from 16 December 1967 through 31 August 1968.  He was further assigned to Headquarters and Support Company, 326th Medical Battalion, 101st Air Cavalry Division in Vietnam from 1 September 1968 through 1 August 1969.  On 4 August 1969, the applicant was released from active duty in the temporary rank of staff sergeant after completing 3 years, 7 months, and
6 days of creditable active service with no time lost.

3.  Item 24 (Decorations, Medals, badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Commendation Medal, Bronze Star Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  Special Orders Number 35, issued by Headquarters, 101st Airborne Division, dated 4 February 1968, show the applicant was awarded the Combat Medical Badge.

5.  General Orders Number 9981, issued by the same headquarters, dated
28 November 1968, show the applicant received the Army Commendation Medal with "V" Device for heroism from 24 March 1968 through 28 March 1968.

6.  General Orders Number 555, issued by the same headquarters, dated 
18 January 1969, show the applicant received the Army Commendation Medal for meritorious achievement during the period 1 July 1968 to 30 November 1968.

7.  General Orders Number 1865, issued by the same headquarters, dated 
3 March 1969, show General Orders 10445, dated 30 November 1968, pertaining to the applicant, was amended to show he was awarded the Bronze Star Medal with "V" Device (Third Oak Leaf Cluster).

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received "excellent" conduct and efficiency ratings throughout his service.
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 the 2nd Battalion, 501st Infantry was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 April 1968 - 15 August 1968 by Department of the Army General Orders (DAGO) Number 21, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 August 1968 - 14 May 1969 by DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 - 2 May 1970, by DAGO Number 48, dated 1971

10.  Department of the Army Pamphlet 672-3 shows the 326th Medical Battalion was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 - 14 May 1969 by DAGO Number 43, dated 1970
* Meritorious Unit Commendation for the period 1 November 1968 - 31 May 1969 by DAGO 39, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 - 2 May 1970, by DAGO Number 48, dated 1971

11.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), 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.

12.  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.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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.  At the time, a Soldier's conduct and efficiency 


ratings must have been rated as "excellent" for the entire period of qualifying service.  There must have been no convictions by a court-martial.

14.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following seven campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* 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)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Combat Medical Badge and the Bronze Star Medal with "V" Device (Third Oak Leaf Cluster).  Therefore, item 24 of his DD Form 214 should be corrected to show these awards.

2.  The applicant's DD Form 214 shows one award of the Army Commendation Medal.  However, orders show he received two awards of the Army Commendation Medal, of which one was for valor.  Therefore, his DD Form 214 should be corrected to show the Army Commendation Medal with "V" Device (First Oak Leaf Cluster).

3.  The applicant was separated in the temporary rank of staff sergeant with 
3 years, 7 months, and 6 days of total active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal based on completion of a period of qualifying service from
29 December 1965 through 28 December 1968.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant participated in seven campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star and two bronze service stars.  Therefore, his DD Form 214 should be corrected to show the authorized service stars.

5.  The applicant's unit (326th Medical Battalion) was awarded the Meritorious Unit Commendation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

6.  The applicant's units were cited for three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to them.  Therefore, he is eligible to wear one of those awards.  However, his DD Form 214 should be corrected to show the three awards of this unit award.

7.  The applicant's units were cited for two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to them.  Therefore, his DD Form 214 should be corrected to show these two unit awards.

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 Bronze Star Medal, Army Commendation Medal, and the Vietnam Service Medal;

	b.  awarding him the first award of the Army Good Conduct Medal for the period 29 December 1965 through 28 December 1968; and

	c.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal with "V" Device (Third Oak Leaf Cluster)
* Army Commendation Medal with "V" Device (First Oak Leaf Cluster)


* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with one silver service star and two bronze service stars
* Combat Medical Badge
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(3 Awards)
* Republic of Vietnam 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)                                         AR20100011969



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ABCMR Record of Proceedings (cont)                                         AR20100011969



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