IN THE CASE OF:	  

		BOARD DATE:	  7 June 2011

		DOCKET NUMBER:  AR20100029265 


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 with "V" Device. 

2.  The applicant states, in effect, he received the medal at the end of his tour of duty and his records were not updated.  Some of his records seem to have disappeared.  He had to be promoted to E-4 twice because the records were never forwarded and he also made E-5 near the end of his tour but there is no record available.

3.  The applicant provides his DD Form 214, orders, and a letter from the National Personnel Records Center.

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 2 April 1968 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 4 April 1969 to 19 January 1970 while assigned to Company A, 2nd Battalion, 8th Cavalry, 1st Air Cavalry Division.

3.  Headquarters, 1st Air Cavalry Division Special Orders Number 242, dated 30 August 1969, awarded him the Combat Infantryman Badge effective 10 August 1969.

4.  Headquarters, 1st Air Cavalry Division General Orders (GO) Number 1881, dated 6 February 1970, awarded him the Army Commendation Medal with "V" Device for heroism in ground combat against a hostile force in Vietnam on 6 January 1970.

5.  On 6 August 1969, he was promoted to specialist four/SP4 (Temporary (T)) and this is the highest rank that he held.  

6.  On 22 January 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve to complete his remaining Reserve obligation in the rank of SP4 (T).  He completed 1 year, 9 months, and 21 days of active service with no lost time.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Parachutist Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, two Overseas Service Bars, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), National Defense Service Medal, Vietnam Campaign Medal, Air Medal, and the Vietnam Service Medal.  

8.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his period of service.  His record is void of any record of disciplinary actions or a commander's disqualification for the Army Good Conduct Medal
(1st  Award).

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, 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.

10.  A review of his records indicates entitlement to additional awards.

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 to be worn with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his period of service in Vietnam, the applicant participated in the following three campaigns:

* Tet 69 Counteroffensive 1969 (23 February - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that while he was assigned to the 2nd Battalion, 8th Cavalry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 by Department of the Army GO Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the Combat Infantryman Badge which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

2.  General orders awarded him the Army Commendation Medal with "V" Device which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

3.  The evidence of record shows he served honorably from 2 April 1968 through 22 January 1970.  He served in Vietnam, received an Army Commendation Medal with "V" Device for heroism during combat, and received "excellent" conduct and efficiency ratings throughout his period of military service.  His record is void of any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this medal.



4.  He participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  General orders awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit in Vietnam.  Therefore, he is entitled to correction of his records to show this unit award.

6.  The available evidence also shows he was promoted to SP4 (T) on 6 August 1969 and this was the highest rank that he held.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 2 April 1968 through 22 January 1970;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and









	c.  adding to item 24 of his DD Form 214 the Combat Infantryman Badge, Army Commendation Medal with "V" Device, Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, and the 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)                                         AR20100029265



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100029265



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1