IN THE CASE OF:
BOARD DATE: 21 June 2011
DOCKET NUMBER: AR20100029623
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 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 he was awarded the ARCOM with "V" Device, but he never received the medal.
3. The applicant provides his DD Form 214 and a local newspaper article.
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. His military records show he was inducted into the Army of the United States on 17 August 1966. He completed initial entry training, was awarded the military occupational specialty of light weapons infantryman, and was promoted to pay grade E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) during the period 9 January 1967 to 9 January 1968 performing duties as a rifleman while assigned to Companies A and D, 1st Battalion, 28th Infantry, 1st Infantry Division.
4. Headquarters, 1st Infantry Division, General Orders Number 500, dated 20 January 1968, awarded him the ARCOM with "V" Device for heroism for his actions on 3 December 1967.
5. He was honorably released from active duty on 16 August 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training). He completed a total of 2 years of creditable active service.
6. 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 with two bronze service stars, RVN Campaign Medal with Device (1960), Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and two overseas service bars.
7. His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority. His DA Form 20 shows all "excellent" conduct and efficiency ratings. There are no adverse actions recorded in the available records and no disqualification by his chain of command.
8. Army Regulation 672-5-1 (Military Awards), in effect at the time, required that throughout a qualifying period of service for award of the Army Good Conduct Medal, the enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit the applicant was assigned to while serving in the RVN was awarded the:
* RVN Gallantry Cross with Palm Unit Citation based on Department of the Army (DAGO) General Orders Number 21, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 53, dated 1970
DISCUSSION AND CONCLUSIONS:
1. He was awarded the ARCOM with "V" Device in general orders. As such, he is entitled to have this award added to his DD Form 214.
2. He completed a period of qualifying service ending with the termination of a period of Federal military service. He had "excellent" conduct and efficiency ratings throughout his tenure of service. There is no record of any disciplinary action taken against him or disqualification by his chain of command. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 17 August 1966 to 16 August 1968 and to add this award to his DD Form 214.
3. His unit was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit; therefore, these unit awards should be added to his DD Form 214.
4. In view of the foregoing, the applicant is entitled to have his records corrected as shown below.
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 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 the period 17 August 1966 to 16 August 1968 and
b. adding the ARCOM with "V" Device, Army Good Conduct Medal (1st Award), RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation 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.
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