BOARD DATE:	  23 December 2010

		DOCKET NUMBER:  AR20100018250 


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 that his records be corrected to reflect awards of:

* The Bronze Star Medal (BSM) with first Oak Leaf Cluster (1OLC) and 
“V” Device
* The Army Commendation Medal (ARCOM) with 1OLC and “V” Device
* The Air Medal with 1OLC
* The Vietnam Service Medal (VSM)
* The Republic of Vietnam Campaign Medal (RVNCM)
* The National Defense Service Medal (NDSM)

2.  The applicant states that he was awarded all of those awards and they were omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of:

* His DD Form 214
* Orders and a certificate for the BSM with “V” Device
* Orders and a certificate awarding him the BSM with 1OLC
* Orders and a certificate awarding him the ARCOM with OLC and 
“V” Device
* Orders and a certificate awarding him the Air Medal (AM)



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 on 17 January 1968.  He completed his basic training at Fort Bliss, Texas and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 4 October 1968 for assignment to Company C, 2d Battalion, 60th Infantry Regiment, 9th Infantry Division.

3.  He served in four campaigns while in Vietnam and he departed on 20 August 1969 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) in the rank of sergeant as an overseas returnee.  He had served 1 year, 7 months, and 4 days of total active service.

4.  His DD Form 214 issued at the time of his REFRAD reflects that he was awarded the NDSM, the Combat Infantryman Badge, the ARCOM, and the AM.

5.  The applicant provided General Orders Number 8666 issued by Headquarters, 9th Infantry Division awarding him the BSM with "V" Device, and General Orders Number 7525 issued by Headquarters, 9th Infantry Division awarding him the BSM 1OLC for meritorious service.

6.  A review of his records shows that he was awarded the ARCOM with 1OLC and “V” Device in General Orders Number 5742 issued by Headquarters, 9th Infantry Division and the AM 1OLC in General Orders Number 6821 issued by Headquarters, 9th Infantry Division.  His records also show that he received "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Good Conduct Medal (AGCM).



7.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.  There is no automatic entitlement to award of the AGCM.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC with Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to the unit. 

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with 1960 Device.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period     1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the VSM.  This 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 authorized for wear on the VSM to denote each campaign an individual participated in.

DISCUSSION AND CONCLUSIONS:

1.  The NDSM is already entered on the applicant’s DD Form 214.  Accordingly, no further action is required on this issue.

2.  The applicant has provided sufficient evidence to show he was awarded the BSM with 1OLC and “V” Device, the ARCOM with 1OLC and “V” Device, the AM with 1OLC, the VSM with four bronze service stars, and the RVNCM with
1960 Device.  Accordingly, they should be added to his records at this time.

3.  After carefully examining the applicant’s record of service, it has been determined that the applicant should have received the AGCM for his service from 17 January 1968 through 20 August 1969.  This conclusion is based on the fact that his record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

4.  Additionally, the applicant’s unit was subsequently awarded the RVNGC with Palm Unit Citation and the RVNCAHM-FC Unit Citation.  Accordingly, he is entitled to have those awards added to his DD Form 214 at this time.

BOARD VOTE:

____x____  ___x_____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. 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 AGCM for the period 17 January 1968 through             20 August 1969 while serving in the rank of sergeant; and

   b.  Adding the following awards to his DD Form 214:

* BSM with 1OLC and “V” Device
* ARCOM with 1OLC and “V” Device
* AM with 1OLC
* VSM with four bronze service stars
* RVNCM with 1960 Device
* RVNGC with Palm Unit Citation
* RVNCAHM-FC Unit Citation

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   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)                                         AR20100018250



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ABCMR Record of Proceedings (cont)                                         AR20100018250



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