IN THE CASE OF:
BOARD DATE: 7 April 2011
DOCKET NUMBER: AR20100022693
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, in effect, reconsideration of his request for award of the Army Commendation Medal (ARCOM) with 3rd Oak Leaf Cluster (OLC) (4th Award) and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 18 July 1973.
2. He states, in effect, paragraph 6 of the Consideration of Evidence section of his previous Record of Proceedings states he was awarded the ARCOM with 3rd OLC in General Orders Number 8230, dated 29 April 1971; however, the year should be 1970. He was assigned to Company B, 2nd Battalion, 5th Cavalry, 1st Cavalry Division, in Vietnam when he was promoted and awarded the 4th ARCOM. He had just returned from the assault into Cambodia to ship home. He is sorry he did not notice the date before.
3. He provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090018116 on 29 April 2010.
2. In his request for reconsideration, the applicant states General Orders Number 8230, dated 29 April 1971, should be the year 1970 and he was serving
with Company B, 2nd Battalion, 5th Cavalry, 1st Cavalry Division, when he was promoted and awarded the 4th ARCOM. This evidence requires reconsideration of his previous request.
3. His military records show he enlisted in the Regular Army (RA) on 29 May 1964. He completed training and he was awarded military occupational specialty 36K (Field Wireman). He reenlisted in the RA on 8 December 1965 and he served in Vietnam from 15 February 1966 through 14 February 1967.
4. General Orders Number 10005 issued by Headquarters, 1st Infantry Division, on 21 September 1968, awarded him the ARCOM for meritorious service from April to November 1968.
5. General Orders Number 3386 issued by the same headquarters on 1 May 1969 awarded him the ARCOM with 1st OLC and "V" Device for heroism in the Republic of Vietnam on 25 February 1969.
6. He was honorably discharged for the purpose of immediate reenlistment on 18 July 1969. He was issued a DD Form 214 that listed in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the following awards:
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* National Defense Service Medal
* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Purple Heart
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* ARCOM
* ARCOM with 1st OLC and "V" Device
7. He reenlisted in the RA on 19 July 1969. He served in Vietnam from 15 April 1968 through 2 June 1970 and from 26 January through 23 October 1971.
8. General Orders Number 2673 issued by Headquarters, 1st Infantry Division, on 22 February 1970, awarded him the ARCOM with 2nd OLC for meritorious achievement from 24 December 1969 to 13 February 1970.
9. General Orders Number 14204 issued by Headquarters, 1st Cavalry Division (Airmobile), on 6 August 1970, awarded him the ARCOM with "V Device for heroism in the Republic of Vietnam from 20 to 23 March 1970.
10. General Orders Number 14204 issued by the same headquarters on 29 April 1971 amended General Orders Number 14204, dated 6 August 1970, to show award of the ARCOM with 3rd OLC and "V" Device.
11. He was discharged from active duty in pay grade E-5 on 18 July 1973.
12. Item 24 of his DD Form 214 lists the following awards:
* National Defense Service Medal
* ARCOM with 1st OLC
* Vietnam Service Medal
* Meritorious Unit Commendation
* Bronze Star Medal
* Army Good Conduct Medal (2nd Award)
* Purple Heart
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
13. On 22 June 2009, he was issued a DD Form 215 (Correction to DD Form 214) correcting the DD Form 214 dated 18 July 1973 to show the following awards:
* Bronze Star Medal with 1st OLC
* ARCOM with 2nd OLC and "V" Device
* Vietnam Service Medal with two silver service stars
DISCUSSION AND CONCLUSIONS:
1. General orders dated 6 August 1970 awarded the applicant the ARCOM with "V" Device. On 29 April 1971, those orders were amended to show award of the ARCOM with 3rd OLC (4th Award) and "V" Device. Therefore, he is entitled to correction of his DD Form 214, dated 18 July 1973, to show the ARCOM (4th Award) and "V" Device.
2. In view of the foregoing, his records should be corrected as recommended below.
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 amendment of the ABCMRs decision in Docket Number AR20090018116, dated 29 April 2010. As a result, the Board recommends that all Department of the Army records of the individual concerned be further corrected by adding the Army Commendation Medal (4th Award) and "V" Device to Item 24 of the applicant's DD Form 214 dated 18 July 1973 and providing him a document showing this change.
__________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.
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