IN THE CASE OF:	  

		BOARD DATE:	    14 April 2011

		DOCKET NUMBER:  AR20100024854


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:

* Army Commendation Medal (ARCOM) with "V" Device 
* Air Medal (AM)
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm unit citation

2.  The applicant states, in effect, that the omission of these awards was probably unintentional.  He states that with the exception of the Republic of Vietnam Gallantry Cross with Palm unit citation, all of the other substantiating documentation was in his records at the time of his release from active duty.

3.  The applicant provides:

* DD Form 214
* General Orders Number 9292, Headquarters, 9th Infantry Division, dated 8 July 1969
* General Orders Number 7056, Headquarters, 9th Infantry Division, dated 20 June 1969




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 11 September 1968.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  His records show he served in the Republic of Vietnam from 3 February 1969 to 2 September 1970.  During his service in Vietnam he was assigned to:

* Company A, 3rd Battalion, 39th Infantry Regiment, 9th Infantry Division, from 18 February 1969 through 31 August 1969
* Company C, 1st Battalion, 299th Infantry Regiment, 29th Infantry Brigade, from 1 September 1969 through 5 December 1969
* Company C, 3rd Battalion, 27th Infantry Regiment, 25th Infantry Division, from 6 December 1969 through 2 September 1970

4.  General Orders Number 6937, Headquarters, 9th Infantry Division, dated     18 June 1969, awarded him the ARCOM for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam, from February 1969 to June 1969.

5.  General Orders Number 9292, Headquarters, 9th Infantry Division, dated       8 July 1969, awarded him the ARCOM with "V" Device (1st Oak Leaf Cluster), for heroism in connection with military operations against a hostile force in the Republic of Vietnam, on 17 May 1969.

6.  General Orders Number 8832, Headquarters, 9th Infantry Division, dated       6 July 1969, awarded him the ARCOM (3rd Oak Leaf Cluster) for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam, from February 1969 to June 1969.

7.  General Orders Number 7056, Headquarters, 9th Infantry Division, dated     20 June 1969, awarded him the AM, for meritorious achievement while participating in sustained aerial flight, from 10 March 1969 to 25 April 1969.

8.  On 3 September 1970, he was honorably released from active duty under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 5, for early separation as an overseas returnee.  His DD Form 214 shows he completed 1 year, 11 months, and 23 days of net service during this period of active duty, including 1 year and 7 months of foreign service The highest rank/pay grade he attained while serving on active duty was sergeant/E-5.  

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 9 December 1969 shows the ARCOM, the National Defense Service Medal, and the Combat Infantryman Badge.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Vietnam Service 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.  

11.  Army Regulation 600-8-22 provides, in pertinent part, that a bronze service star is authorized for wear on the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following six campaigns:

* Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969)
* 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)
* Sanctuary Counteroffensive (1 May 1970 – 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971)  

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  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 and contributed direct combat support to the Republic of Vietnam and Armed Forces.  

13.  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 that 3rd Battalion, 39th Infantry Regiment, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm unit citation, for the period 1 January 1969 through 30 June 1969, by Department of the Army General Orders (DAGO) Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal (First Class) unit citation, for the period 19 December 1966 through 28 June 1969, by DAGO Number 43, dated 1970

14.  A review of his records indicates he is entitled to additional awards which are not shown on his DD Form 214.

15.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

16.  There is no evidence in the available records that shows he was awarded the AGCM.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he consistently received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).  

17.  A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the AGCM.

18.  Special Orders Number 210, 2nd Basic Combat Training Brigade, Fort Jackson, SC, dated 26 October 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show the ARCOM with "V" Device, the AM, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm unit citation was carefully considered and was determined to have merit.

2.  The evidence of record shows he served honorably, received no court-martial actions, and consistently received "excellent" conduct and efficiency ratings throughout his service.  Therefore, he is entitled to the first award of the AGCM, for the period 11 September 1968 through 3 September 1970, and to correction of his DD Form 214 to show this award.

3.  General orders awarded him the ARCOM, with 3rd Oak Leaf Cluster and the "V" Device, which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

4.  General orders awarded him the AM, which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  The evidence of record shows he served in the Republic of Vietnam from       3 February 1969 to 2 September 1970; therefore, he served a qualifying period for award of the Vietnam Service Medal and is entitled to correction of his DD Form 214 to show this award.

6.  He participated in six campaign phases during his service in Vietnam; therefore, he is entitled to a single silver service star, and a single bronze service star, for wear on his Vietnam Service Medal, and to correction of his DD Form 214 to show these service stars.

7.  He served a qualifying period of service in Vietnam for entitlement to the Republic of Vietnam Campaign Medal with Device (1960); therefore, he is entitled to correction of his DD Form 214 to show this award.

8.  General Orders awarded one of his units of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm unit citation and the Republic of Vietnam Civil Actions Honor Medal (First Class) unit citation; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

9.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this marksmanship award.
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 Army Good Conduct Medal (1st Award) for the period 11 September 1968 through 3 September 1970;

	b.  deleting from item 24 of his DD Form 214 the Army Commendation Medal; and

	c.  amending item 24 of his DD Form 214 to add:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal (4th Award) and with "V" Device
* Air Medal
* Vietnam Service Medal with one silver service star and one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm unit citation
* Republic of Vietnam Civil Actions Honor Medal (First Class) unit citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _ 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)                                         AR20100015543



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100024854



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1