IN THE CASE OF:	  

		BOARD DATE:	  20 September 2011

		DOCKET NUMBER:  AR20100025556 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded three Army Commendation Medals (ARCOM); one of which was an ARCOM with "V" device.

2.  The applicant states he was issued the orders for these citations but they were not properly recorded.

3.  The applicant provides:

* DD Form 214, effective 5 September 1969
* Headquarters, 1st Infantry Division, General Orders Number 133, dated
9 January 1968
* Army Commendation Medal, First Oak Leaf Cluster, award citation, for the period 1 March 1968 to 28 February 1969
* Headquarters, 9th Infantry Division, General Orders Number 6123, dated 28 July 1968

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 6 September 1967 and held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 3 March 1968 to 13 February 1969 while assigned to the following units:

* Company B, 5th Battalion, 60th Infantry Division, 9th Infantry Division
* Company B, 1st Battalion, (Mechanized) 16th Infantry, 1st Infantry Division 

3.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  His military personnel records do not show any time lost or record of nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), and no record of court-martial.  There is an annotation that states he was eligible for reenlistment.

4.  The applicant's personnel service record contains the following ARCOM award orders which are also listed in Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record):

   a.  General Orders Number 6123, Headquarters, 9th Infantry awarded him the ARCOM for heroism in connection with military operation against an armed hostile force on 13 May 1968; and
   
   b.  General Orders Number 133, Headquarters, 1st Infantry Division, dated 
9 January 1969 awarded him an ARCOM with First Oak Leaf Cluster.

5.  There are no orders in his records to show he was awarded a third ARCOM.

6.  Special Orders Number 131, issued by Headquarters, 2d Basic Combat Training Brigade, U.S. Army Training Center, Infantry, dated 10 July 1969 awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.

7.  On 5 September 1969, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 he was issued shows he completed a total of 2 years of active service.

8.  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, Republic of Vietnam Campaign Medal, Purple Heart, Overseas Bar (2), and Combat Infantryman Badge.

9.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal a third order awarding him the Army Commendation Medal.

10.  The applicant provides an Army Commendation Medal Citation, undated, wherein it states he was presented the Army Commendation Medal First Oak Leaf Cluster for meritorious service in support of allied counterinsurgency operations in the Republic of Vietnam during the period March 1968 to February 1969.

11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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:

* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows the units to which the applicant was assigned were cited for the following awards:
   
   a.  Department of the Army Orders (DAGO) 43, dated 1970, awarded the 5th Battalion, 60th Infantry the Valorous Unit Award Department for the period 
6 - 12 May 1968; and
   
   b.  The 1st Battalion, 16th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm unit Citation for the period 1 April - 31 October 1969 by DAGO 2, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1965 - 7 April 1970 by DAGO 53, dated 1970.
   
13.  Army Regulation 672-5-1 (Military Awards) provided that the Army Good Conduct Medal 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows General Orders awarded the applicant an ARCOM with "V" device (1st award) and an ARCOM with oak leaf cluster (2nd Award).  The ARCOM certificate provided by the applicant corresponds with the ARCOM with oak leaf cluster awarded on 9 January 1968.  There is no evidence to corroborate the award of a third ARCOM.  However, his DD Form 214 does not show his ARCOM with "V" device; therefore, it would be appropriate to correct this annotation on his DD Form 214.

2.  His records show he distinguished himself in the performance of his military service as evidenced by his "excellent" conduct and efficiency ratings, award of the Purple Heart, and honorable character of service.  There is no record of a conviction by a court-martial or other evidence of disqualification.  Therefore, he should be awarded the Army Good Conduct Medal.

3.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  The evidence of records confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to award of four bronze service stars for wear on his previously-awarded Vietnam Service Medal and correction of his records accordingly.

5.  General orders awarded his units the Valorous Unit Award, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit during the period he was assigned to the unit.  Therefore, he is entitled to correction of his records to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 
6 September 1967 to 5 September 1969;

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

* Army Commendation Medal with "V" device and First Oak Leaf Cluster
* Army Good Conduct Medal (1st Award)
* Valorous Unit Award
* 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)
* Four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the award of a third ARCOM.



      ____________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)                                         AR20100025556





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ABCMR Record of Proceedings (cont)                                         AR20100025556



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