IN THE CASE OF:	  

		BOARD DATE:	  14 April 2011

		DOCKET NUMBER:  AR20100025269


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 Army Commendation Medal (ARCOM) with 1st Oak Leaf Cluster (OLC) and with "V" Device and the Combat Infantryman Badge (CIB).

2.  The applicant states the above items were omitted from his DD Form 214.

3.  The applicant provides:

* his DD Form 214
* two ARCOM Certificates

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 was inducted into the Army of the United States for 2 years on 22 April 1968.  He was trained as an infantryman and transferred to Vietnam where he served with Company C, 2nd Battalion, 12th Infantry, 25th Infantry Division.  He served in Vietnam from on or about 28 February 1969 to on or about 26 February 1970.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded the following marksmanship badges:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar 
(M-60)

4.  The following orders were discovered in the applicant's records or on 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:

* General Orders Number 10605, Headquarters (HQ), 25th Infantry Division, Vietnam, dated 20 August 1969, awarding him the ARCOM with "V" Device for heroism
* General Orders Number 11037, HQ, 25th Infantry Division, Vietnam, dated 29 August 1969, awarding him the ARCOM (1st OLC)
* General Orders Number 15763, HQ, 25th Infantry Division, Vietnam, dated 29 December 1969, awarding him the ARCOM (2nd OLC)
* General Orders Number 10908, HQ, 25th Infantry Division, Vietnam, dated 29 August 1969, awarding him the Air Medal
* General Orders Number 1698, HQ, 25th Infantry Division, Vietnam, dated 14 February 1970, awarding him the [Army] Good Conduct Medal (AGCM)
* Special Orders Number 117, HQ, 25th Infantry Division, Vietnam, dated 27 April 1969, awarding him the CIB

5.  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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by Department of the Army General Orders Number 5, dated 1973.  It also shows the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 21 January 1970 by Department of the Army General Orders Number 51, dated 1971.
6.  Department of the Army Pamphlet 672-3 also lists designated campaigns during the Vietnam War.  During the applicant's service in Vietnam, there were four campaigns:

* Vietnam Counteroffensive Phase VI – 2 November 1968-22 February 1969
* Tet 69 Counteroffensive 1969 – 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

7.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service medal, to include the Vietnam Service Medal, for each campaign participation credit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the ARCOM (1st OLC and with "V" Device) and CIB be added to his DD Form 214

2.  The applicant has three awards of the ARCOM with one award being for heroism.  His DD Form 214 should reflect ARCOM with "V" Device and 2nd OLC.

3.  The applicant was also awarded the AGCM by general orders.  This medal should also be shown on his DD Form 214.

4.  The applicant was awarded the CIB by special orders.  This badge should also be shown on his DD Form 214.

5.  The applicant's DD Form 214 already shows the Vietnam Service Medal (VSM), but it does not reflect his service in four campaigns.  His DD Form 214 should show VSM with four bronze service stars.

6.  The applicant is entitled to other awards not shown on his DD Form 214.  These are:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar 
(M-60)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation


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 adding to his DD Form 214:

* ARCOM with "V" Device and 2nd OLC
* AGCM
* CIB
* VSM with four bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar 
(M-60)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100025269



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ABCMR Record of Proceedings (cont)                                         AR20100025269



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