IN THE CASE OF:	  

		BOARD DATE:	 5 July 2011 

		DOCKET NUMBER:  AR20100023492 


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 the following:

* Army Commendation Medal (ARCOM) with "V" Device
* Bronze Star Medal (BSM) with "V" Device
* BSM with 2nd Oak Leaf Cluster (3rd Award)

2.  He states the above awards are not listed on his DD Form 214.

3.  He provides the following:

* DD Form 214
* Three BSM certificates with orders and/or citation
* ARCOM certificate with orders
* Purple Heart certificate with orders

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 military records show he was inducted into the Army of the United States on 12 March 1968.  He served in the Republic of Vietnam from 
27 February 1969 to 11 January 1970 and was assigned to A Company, 2nd Battalion, 2nd Infantry Regiment, 1st Infantry Division.  He was honorably released from active duty on 11 January 1970 and credited with 1 year and 10 months of active service.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* BSM
* Combat Infantryman Badge

4.  Headquarters, 1st Infantry Division, General Orders Number 10963, dated 
19 September 1969, awarded him the BSM with "V" Device for his actions on 
24 May 1969.  This order is contained in his military personnel record jacket (MPRJ).

5.  Headquarters, 1st Infantry Division, General Orders Number 12332, dated
11 October 1969, awarded him the BSM for meritorious achievement for the period 16 April 1969 to 30 September 1969.  This order is contained in his MPRJ.

6.  Headquarters, 1st Infantry Division, General Orders Number 13256, dated
1 November 1969, awarded him the ARCOM with "V" Device for his action on 
12 July 1969.  This order is contained in his MPRJ.

7.  Headquarters, 1st Infantry Division, General Orders Number 252, dated
7 January 1970, awarded him the BSM with 2nd Oak Leaf Cluster for meritorious service from February 1969 to February 1970.  This order was not contained in his MPRJ.


8.  His records show no evidence of nonjudicial punishments under Article 15 of the Uniform Code of Military Justice and no evidence of courts-martial or any other type of adverse action.  Additionally, his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.

9.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) by Special Orders Number 168, dated 17 June 1968 and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) by Special Orders Number 80, dated 26 April 1968.

10.  A review of the applicant's records indicates he is entitled to additional awards that are not shown on his DD Form 214.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated that the Army Good Conduct Medal (AGCM) 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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units which served in the Vietnam War.  This pamphlet shows 2nd Battalion, 2nd Infantry Regiment was cited for award of the Valorous Unit Award by Department of the Army General Orders (DAGO) Number 50, dated 1971, the Civil Actions Honor Medal First Class Unit Citation by DAGO Number 53, dated 1970, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 2, dated 1971, during the period the applicant was assigned to the unit.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.  His records indicate he participated in the following campaigns:

* Tet 69/Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June 1969  - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)


DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant three awards of the BSM and only one is listed on his DD Form 214.  His DD Form 214 should be corrected to show the BSM with 2nd Oak Leaf Cluster and "V" Device.  

2.  General orders awarded him the ARCOM with "V" Device.  Therefore, his DD Form 214 should be corrected to show this award.

3.  The evidence of record shows the applicant received "excellent" conduct and efficiency ratings and he had no record of courts-martial and no commander's disqualification for award of the AGCM.  Therefore, he is entitled to award of the AGCM (1st Award) for the period 12 March 1968 to 11 January 1970 and correction of his DD Form 214 to show this medal.

4.  The evidence of record shows he is entitled to wear the Valorous Unit Award, Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these awards.

5.  The evidence shows he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars to be worn on his already-awarded VSM.

6.  The evidence also shows he qualified marksman with the M-16 Rifle and expert with the M-14 Rifle.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 (1st Award) for the period 12 March 1968 to 
11 January 1970;

	b.  deleting from item 24 of his DD Form 214 the VSM and the BSM; and

   c.  adding to item 24 of his DD Form 214 the BSM with 2nd Oak Leaf Cluster and "V" Device, ARCOM with "V" Device, AGCM, VSM with three bronze service stars, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).



      _______ _   _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)                                         AR20100023492



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ABCMR Record of Proceedings (cont)                                         AR20100023492



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