IN THE CASE OF:	  

		BOARD DATE:	  7 July 2011

		DOCKET NUMBER:  AR20100026400 


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, that his records be reviewed and any awards he is entitled to that are not listed on his DD Form 214 (Report of Transfer or Discharge) be added.

2.  The applicant states he believes that all of the combat medals he is entitled to are not listed on his DD Form 214.

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 served on active duty from 3 April 1968 through 8 March 1970 in the military occupational specialty 94B (Cook).
3.  Headquarters 9th Infantry Division General Orders Number 9868, dated 11 July 1969, awarded the applicant the Army Commendation Medal.

4.  Headquarter, II Field Force Vietnam General Orders Number 457, dated 7 February 1970, awarded the applicant the Army Commendation Medal with second Oak Leaf Cluster.

5.  His DA Form 20 (Enlisted Qualification Record) provides the following:

	a.  promotion to specialist five (E-5) on 23 September 1969;

	b.  service in Vietnam from 9 March 1969 through 7 March 1970 with 2nd Battalion, 4th Field Artillery, 3rd Regiment, 9th Infantry Division;

	c.  his conduct and efficiency ratings are reported as exclusively "excellent";

	d.  service in Vietnam during one campaign period; and

	e.  award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation with Oak Leaf Cluster, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Commendation Medal with second Oak Leaf Cluster, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 

6.  The applicant's DD Form 214 shows he had 1 year, 11 months, and 6 days of creditable service and lists his awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Army Commendation Medal (1st and 2nd award).

7.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Good Conduct Medal.

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, reveal no orders for any awards except his first award of the Army Commendation Medal.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 2nd Battalion, 4th Field Artillery, 3rd Regiment, 9th Infantry Division it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (Department of Army General Orders (DAGO) Numbers 59, dated 1969, and DAGO 55, dated 1971, and two Republic of Vietnam Civil Actions Honor Medal First Class Unit Citations (DAGO 59, dated 1969).  

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.  

11.  Army Regulation 600-8-22 (Military Awards) provides the following 

	a.  a bronze oak leaf cluster is awarded to denote the second and succeeding awards including the Army Commendation Medal; and 

	b.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following three campaign periods:  the Tet 69 Counteroffensive, 23 February 1969 - 8 June 1969; the Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969; and the Vietnam Winter–Spring 1970; 1 November 1969 - 30 April 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he believes that all of the combat medals he is entitled to are not listed on his DD Form 214.

2.  The applicant's DA Form 20 and the last set of orders for the Army Commendation Medal show award of the Army Commendation Medal with second Oak Leaf Cluster, whereas the DD Form 214 shows only two awards.  It is appropriate to correct this error.

3.  The applicant's DD Form 214 omitted the applicant's award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two Republic of Vietnam Civil Actions Honor Medal First Class Unit Citations, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It is appropriate to correct this oversight.  

4.  The applicant served in Vietnam during three campaign periods.  As such, he is authorized to wear three bronze service stars on his already-awarded Vietnam Service Medal.  It is appropriate to correct the DD Form 214 to show this designation.  

5.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his conduct and efficiency ratings, his personal decorations, and his promotion to E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 3 April 1968 through 8 March 1970.

6.  Based on the above facts and findings it is appropriate to correct the record by deleting all award on the DD Form 214 and replacing them with the following:

Army Commendation Medal (3rd award), Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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 deleting all award on the DD Form 214 and replacing them with the following:

Army Commendation Medal (3rd award), Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.



      _______ _   _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)                                         AR20100026400





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100026400



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1