IN THE CASE OF:	  

		BOARD DATE:	 30 November 2010 

		DOCKET NUMBER:  AR20100012413 


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 award of the Army Commendation Medal with Second Oak Leaf Cluster for the period 15 September to 25 November 1972.

2.  The applicant states that the orders, certificate, and citation all list the wrong number for the oak leaf cluster.  He had already received the Army Commendation Medal with 1st Oak Leaf Cluster at a different unit. 

3.  The applicant provides copies of the citations for two Army Commendation Medals showing:

* Army Commendation Medal (1st Oak Leaf Cluster) for the period 15 February to 1 May 1972
* Army Commendation Medal (1st Oak Leaf Cluster) for the period 15 September to 25 November 1972.  

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.  While an enlisted Soldier, the applicant completed Infantry Officer Candidate School and was commissioned and entered active duty on 21 September 1967.

3.  He served on temporary duty in Vietnam from 3 July to 21 September 1968 with the 4th Infantry Division and was then transferred to Korea for duty as a platoon leader with a 2d Infantry Division unit.  After an assignment in the United States, he returned to Vietnam on 27 August 1971.  He was reassigned on 19 September 1971 for stateside training and returned to Vietnam again on 19 December 1971.

4.  His records contain the following orders:

* 2d Infantry Division General Orders Number 68 dated 2 April 1970 awarded him the Army Commendation Medal for meritorious service for the period from 4 October 1968 to 21 March 1970
* Military Assistance Command, Vietnam General Orders Number 1929 dated 19 July 1972 awarded him the Army Commendation Medal with 1st Oak Leaf Cluster for meritorious service for the period 15 February to       1 May 1972
* Army Advisory Group, Vietnam General Orders Number 258 dated 24 November 1972 awarded him the Bronze Star Medal for meritorious service for the period December 1971 to November 1972
* Army Advisory Group, Vietnam General Orders Number 7, dated 2 January 1973, awarded him the Army Commendation Medal with 1st Oak Leaf Cluster for meritorious service for the period 13 September to 25 November 1972.  

5.  The applicant provided a U.S. Military Assistance Command, Vietnam, award citation showing he was awarded the Army Commendation Medal with 1st Oak Leaf Cluster for the period 13 September to 25 November 1972.

6.  He returned to the United States on 12 December 1972 and was released from active duty on 6 September 1973.

7.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists his awards as the National Defense Service Medal, Armed Forces Expeditionary Medal (Korea), Army Commendation Medal (1st Oak Leaf Cluster), Republic of Vietnam Campaign Medal with Device (1960), 2 Overseas Bars, Republic of Vietnam Training Service Medal (1st Class), and the Vietnam Service Medal with one bronze service star.

8.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star is awarded participation in each campaign.  Qualifying campaign periods include:

* Vietnamese Counteroffensive Phase V from 1 July to 1 November 1968
* Consolidation I from 1 July to 30 November 1971
* Consolidation II from 1 December 1971 - 29 March 1972
* Vietnam Ceasefire Campaign from 30 March 1972 - 28 January 1973

9.  Army Pamphlet 673-3 (Unit Citation and Campaign Participation Credit Register) shows that U.S. Army, Vietnam headquarters and subordinate units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 8 of 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant had, indeed, already been awarded the Army Commendation Medal with 1st Oak Leaf Cluster.  The one awarded to him on 2 January 1973 should be redesignated the Army Commendation Medal with 2nd Oak Leaf Cluster.  Unfortunately, U.S. Military Assistance Command, Vietnam, award citations are no longer available.  Therefore, that document cannot be corrected.

2.  His DD Form 214 should also be corrected to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation and four bronze service stars for wear on the 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.  correcting Army Advisory Group, Vietnam General Orders Number 7, dated 2 January 1973, to read he was awarded him the Army Commendation Medal with 2d Oak Leaf Cluster for meritorious service for the period 13 September to 25 November 1972; and

   a.  amending his DD Form 214 to show the Army Commendation Medal with 2d Oak Leaf Cluster in lieu of the 1st Oak Leaf Cluster now shown and by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation and four bronze service stars for wear on the 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)                                         AR20100012413



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ABCMR Record of Proceedings (cont)                                         AR20100012413



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