IN THE CASE OF:	  

		BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100028316 


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 award of the Army Commendation Medal (ARCOM) with "V" Device.

2.  The applicant states this award was omitted from his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and two citations and certificates for two ARCOM's.

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.  On10 April 1968, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

	a.  Special Orders Number 118, Fort Jackson, South Carolina, dated 12 July 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

	b.  Special Orders Number 126, Fort Jackson, dated 23 July 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Machine Gun Bar.

3.  On 24 September 1968, the applicant departed Fort Jackson for duty in the Republic of Vietnam (RVN) where:

	a.  he was assigned as a rifleman with Headquarters and Headquarters Company (HHC), 199th Infantry Brigade;

	b.  Special Orders Number 307, 199th Infantry Brigade, dated 2 November 1968, awarded the applicant the Combat Infantryman Badge;

	c.  on 2 November 1968, he was assigned as an ammunition bearer with HHC, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade;

	d.  on 18 March 1969, he was assigned as a rifleman with Company B, 4th Battalion, 12th Infantry Regiment, 199th Infantry Brigade;

	e.  General Orders Number 757, 199th Infantry Brigade, dated 4 May 1969, awarded the applicant the ARCOM with "V" Device for heroism against a hostile force in the RVN on 26 February 1969;

	f.  on 10 July 1969, he was assigned as a driver for the Brigade Chemical Officer, 199th Infantry Brigade; and

	g.  General Orders Number 1889, 199th Infantry Brigade, dated 14 November 1969, awarded the applicant the ARCOM with 1st Oak Leaf Cluster for meritorious achievement from 14 September 1968 to 13 July 1969.

4.  On 31 August 1969, the applicant departed the RVN for duty at Fort Dix, New Jersey.

5.  On 9 April 1970, the applicant was released from active duty.  He had attained the rank of specialist four/pay grade E-4 and had completed 2 years of creditable active duty service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Army Good Conduct Medal, Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Bronze Star Medal, Republic of Vietnam Campaign Medal with Device (1960), and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the RVN, he participated in the following four campaigns:  Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, Tet 69 Counteroffensive 1969, and Vietnam Summer-Fall 1969.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 199th Infantry Brigade was cited in Department of the Army General Orders (DAGO) Number 39, dated 1970, for award of the Meritorious Unit Commendation, and in DAGO Number 51, dated 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the time of the applicant's assignment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Army Commendation Medal (ARCOM) with "V" Device.

2.  General orders clearly show the applicant was awarded the ARCOM on two separate occasions, once for valor and once for meritorious achievement.  Therefore, his DD Form 214 should be corrected to show award of the ARCOM with 1st Oak Leaf Cluster and "V" Device.

3.  Special orders clearly show the applicant was awarded the Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Machine Gun Bar.  Therefore, these badges should be shown on his DD Form 214.

4.  Records show the applicant participated in four campaigns during his service in the RVN.  Therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.

6.  Records show the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit 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.  deleting the ARCOM and Vietnam Service Medal from his DD Form 214 and

	b.  adding the Army Commendation Medal with 1st Oak Leaf Cluster and "V" Device, Vietnam Service Medal with four bronze service stars, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge 


with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Machine Gun Bar to his DD Form 214.



      ____________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)                                         AR20100028316



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ABCMR Record of Proceedings (cont)                                         AR20100028316



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