IN THE CASE OF:	  

		BOARD DATE:	  10 February 2011

		DOCKET NUMBER:  AR20100020459 


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 two awards of the Army Commendation Medal and an award of the Bronze Star Medal.

2.  The applicant states he received the Army Commendation Medal with "V" Device, Army Commendation Medal (1st Oak Leaf Cluster), and the Bronze Star Medal that are not shown on his DD Form 214.  He needs this corrected because it affects his benefits for post traumatic stress disorder.

3.  The applicant provides his DD Form 214, three orders, a newspaper article, and his DD Form 256A (Honorable Discharge Certificate).

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 records show he was inducted into the Army of the United States on 6 October 1966 and he held military occupational specialty 05B (Radio Operator).  He served in Vietnam from 25 August 1967 to 24 August 1968 while assigned to Headquarters and Headquarters Company,1st Engineer Battalion, 1st Infantry Division.

3.  General Orders (GO) Number 2088, issued by Headquarters, 1st Infantry Division, dated 10 March 1968, awarded him the Army Commendation Medal with "V" Device, for heroism in Vietnam on 21 December 1967.

4.  GO Number 8515, issued by the same headquarters, dated 16 August 1968 awarded him the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious achievement in Vietnam from 1 May 1968 to 5 August 1968.

5.  GO Number 9344, issued by the same headquarters, dated 2 September 1968, awarded him the Bronze Star Medal for meritorious service in Vietnam from September 1967 to August 1968.

6.  On 25 August 1968, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 10 months, and 20 days of total active service with no time lost.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Army Commendation Medal.

8.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as a sharpshooter with the M-14 rifle on 21 November 1966 and as a marksman with the .45 caliber pistol on 7 April 1967.

9.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any record of disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.


10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Engineer Battalion was cited for award of the:

* Meritorious Unit Commendation for the period 16 May 1967 - 2 June 1968 by Department of the Army General Order Number 51, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 - 16 October 1968 by DAGO Number 21, dated 1969

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

12.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, he participated in the following four campaigns:

* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)

13.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him a Bronze Star Medal in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General orders awarded him the Army Commendation Medal with "V" Device.  He was later awarded the Army Commendation Medal (1st Oak Leaf Cluster) which indicates he was awarded two awards of the Army Commendation of which one was with the "V" Device.  Therefore, he is entitled to correction of his DD Form 214 accordingly.

3.  The evidence of record confirms he served honorably during the period 6 October 1966 through 25 August 1968.  He attained the rank/grade of SP4/E-4 and he received all "excellent" conduct and efficiency ratings throughout this service.  His record also is void of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal and to correct his DD Form 214 to show this award.

4.  General orders awarded his unit the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5. His record confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the bronze service stars.

6.  His records show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these qualification badges.

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 Army Commendation Medal and the Vietnam Service Medal;


	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
6 October 1966 through 25 August 1968; and

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

* Bronze Star Medal
* Army Commendation Medal (1st Oak Leaf Cluster) and "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar
(.45 caliber)



      _________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)                                         AR20100020459



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ABCMR Record of Proceedings (cont)                                         AR20100020459



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