IN THE CASE OF:	  

		BOARD DATE:	  7 January 2011

		DOCKET NUMBER:  AR20100017462 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an ending date of 29 January 1971 to show all his awards including the Bronze Star Medal with "V" Device and three Army Commendation Medals, one with "V" Device.

2.  The applicant states that not all his awards were recorded his DD Form 214 when he left the service. 

3.  The applicant provides a copy of his DD Form 214 and related documents in support of his application.  

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 was inducted into the Army of the United States on 31 January 1969.  He completed his initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 30 June 1969 to 29 June 1970.  He was assigned to Company A, 1st Battalion, 28th Infantry, 1st Infantry Division from 9 July 1969 to 3 March 1970 and then he was assigned to Company C, 2nd Battalion, 12th Cavalry, 1st Cavalry Division from 4 March 1970 to 25 June 1970.  

4.  General Order Number 14710 published by Headquarters, 1st Infantry Division on 5 November 1969 awarded the applicant the Army Commendation Medal for meritorious achievement during the period from 6 July to 10 September 1969.

5.  General Order Number 6639 published by Headquarters, 1st Cavalry Division on 27 April 1970 awarded the applicant the Army Commendation Medal with "V" Device for heroism.  The dates of action recorded on this order are from June 1969 to April 1970.

6.  The applicant's DA Form 20, item 38 (Record of Assignments), shows he received "excellent" conduct and efficiency ratings throughout his period of service.  His military personnel records do not show any time lost, record of court-martial, or acceptance of nonjudicial punishments.  A review of his service record shows there is no record of a commander's disqualification for award of the Army Good Conduct Medal.  

7.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Army Commendation Medal by General Order Number 14710 published by Headquarters, 1st Infantry Division.

8.  On 29 January 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his statutory military service obligation.  His DD Form 214 shows he completed 1 year, 11 months, and 29 days of net active service.  Item 12c (Foreign and/or Sea Service) of this form shows he completed 1 year of foreign service in the U.S. Army - Vietnam (USARV).

9.  Item 24 (Decorations, Medal, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he received the following awards:

* National Defense Service Medal
* Vietnam Service Medal 
* Combat Infantryman Badge 
* Purple Heart
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M16) 

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, revealed General Orders Number 10080 that awarded the applicant the Bronze Star Medal with "V" Device for his heroic actions on 22 May 1970 in the Republic of Vietnam.

11.  In support of his application, the applicant provided copies of General Orders Numbers 14710 and 6639 that announced he was awarded two Army Commendation Medals with one identified for his heroism.  He also provided an Army Commendation Medal certificate that shows he received this award for his period of service from June 1969 to June 1970.

12.  References: 

	a.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Army Regulation 600-8-22 states the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the 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 these medals.

	c.  Army Regulation 672-5-1 (Military Awards), in effect at the time the applicant was separated, required that the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial throughout a qualifying period of service for award of the Army Good Conduct Medal.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.

	d.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal and states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During the applicant's tour of duty in Vietnam, he participated in three campaigns:

* Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969)
* Vietnam Winter – Spring 1970 (1 November 1969 to 30 April 1970)
* Sanctuary Counteroffensive (1 May to 30 June 1970)

	e.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the units to which the applicant was assigned was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by Department of the Army General Order (DAGO) Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  General orders announced award of the Bronze Star Medal with "V" Device for heroism to the applicant.  Therefore, the applicant is entitled to a correction of his record to show award of the Bronze Star Medal with "V" Device.  

2.  The applicant was awarded two Army Commendation Medals, with one award for heroism.  The general order number presented by the applicant is also the same general order number recorded on his DA Form 20.  An oak leaf cluster is used to denote second and succeeding awards.  Therefore, he is entitled to a correction of his record to show award of the Army Commendation Medal (2d Award) and with "V" Device.  

3.  The applicant's records show he received "excellent" conduct and efficiency ratings throughout his tenure of service and that he was fully qualified for reenlistment.  There is no disciplinary record nor is there record of evidence showing a commander's disqualification.  Therefore, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of a qualifying period of service from 31 January 1969 to 29 January 1971 ending with termination of his first period of Federal military service.

4.  Records show his unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tour of duty in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these two unit awards.

5.  Records show the applicant was awarded the Vietnam Service Medal.  Records also show he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his previously awarded Vietnam Service Medal.

6.  The applicant did not provide evidence nor does his service record show he was awarded a third Army Commendation Medal by the publication of general orders.  Therefore, there is insufficient evidence on which to base adding a third award of the Army Commendation Medal to his DD Form 214.

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.  awarding him the Army Good Conduct Medal for his period of service from 31 January 1969 to 29 January 1971;

	b.  removing from item 24 of his DD Form 214 the Vietnam Service Medal; and

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

* Bronze Star Medal with "V" Device
* Army Commendation Medal (2nd Award) with "V" Device
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20100017462



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ABCMR Record of Proceedings (cont)                                         AR20100017462



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