IN THE CASE OF:	  

		BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100022917 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (2nd Award) with "V" Device.  In addition, he requests any and all awards he may be entitled to.

2.  The applicant states he enlisted in the Army using W---, the last name of his stepfather.  He served in the Republic of Vietnam (RVN) and he received awards in the name of W---.  Almost 1 year before he was separated, he changed his last name to T-------.  He believes some of his awards were omitted because they were awarded under the name W---.

3.  The applicant provides a copy of his DD Form 214.

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 enlisted in the Regular Army on 28 March 1968 under the last name of W---.  He successfully completed basic combat and advanced individual training and he was awarded military occupational specialty 64A (Light Vehicle Driver).

3.  On 4 January 1969, he arrived in the RVN and he was assigned to Headquarters and Headquarters Company, I Field Force Vietnam.

4.  General Orders Number 486, issued by Headquarters, I Field Force Vietnam, dated 29 July 1969, show he was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force on 5 June 1969.

5.  General Orders Number 1052, issued by the same headquarters, dated
16 December 1969, show he was awarded the Army Commendation Medal
(1st Oak Leaf Cluster) for meritorious achievement in connection with military operations against a hostile force during the period January 1969 through December 1969.

6.  He departed Vietnam on 3 January 1970.

7.  Special Orders Number 48, issued by Headquarters, Troop Command, U.S. Army Training Center, Fort Ord, CA, dated 9 April 1970, show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

8.  Special Orders Number 237, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Ord, dated 25 August 1970, show he officially changed his last name from W--- to T-------.

9.  On 3 June 1971, he was honorably released from active duty after completing 2 years, 9 months, and 6 days of total active service.

10.  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 with two bronze service stars
* RVN Campaign Medal with Device (1960)
* Army Commendation Medal with 1st Oak Leaf Cluster

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to Headquarters and Headquarters Company, I Field Force Vietnam, the unit was cited for the:

* Meritorious Unit Commendation for the period 1 August 1968 through
30 April 1971 by Department of the Army General Orders (DAGO) Number 16, dated 1972
* RVN Gallantry Cross with Palm Unit Citation for the period 1 August 
1965 through 16 April 1971 by DAGO 54, dated 1974

12.  Army Regulation 600-8-22 (Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, 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 the applicant participated in the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET 69 Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

.DISCUSSION AND CONCLUSIONS:

1.  With regard to the applicant's Army Commendation Medals, his DD Form 214 does show two awards; however, it does not properly reflect his ARCOM awarded with a "V" Device.  Therefore, his DD Form 214 should be corrected to show the entry Army Commendation Medal (2nd Award) with "V" Device.

2.  The evidence of record he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show this marksmanship badge.

3.  Evidence shows he participated in four campaigns phases during his service in the RVN.  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 these bronze service stars.

4.  The applicant's unit was cited for award of the Meritorious Unit Commendation and the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 with 1st Oak Leaf Cluster and the Vietnam Service Medal with two bronze service stars; and

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

* Army Commendation Medal (2nd Award) with "V" Device
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation 
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20100022917



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100022917



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1