IN THE CASE OF:	  

		BOARD DATE:	  11 August 2011

		DOCKET NUMBER:  AR20110001937 


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 add two Bronze Star Medals, one with "V" Device.  He also requests correction of his DD Form 214 to add the "V" Device to his Army Commendation Medal.

2.  The applicant states these medals are missing from his DD Form 214 due to an administrative error at discharge.

3.  The applicant provides:

* orders for the Army Commendation Medal with "V" Device, Bronze Star Medal with "V" Device, Bronze Star Medal, and Bronze Star Medal with 1st Oak Leaf Cluster
* 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.  He was inducted into the Army of the United States on 19 February 1968.  He arrived in Vietnam on 19 October 1968.  He served as a light weapons infantryman assigned to Company E, 2nd Battalion, 5th Cavalry, 1st Cavalry Division, in Vietnam from 24 October 1968 to 18 October 1969.  On 20 October 1969, he was released from active duty in the temporary rank of sergeant after completing 1 year, 8 months, and 2 days of creditable active service with no lost time.

3.  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 with Device (1960)
* Air Medal
* Army Commendation Medal
* Bronze Star Medal

4.  There are no orders for the Army Commendation Medal in the available records.  However, Headquarters, 1st Cavalry Division (Airmobile), orders, dated 30 May 1969, show he was awarded the Army Commendation Medal with "V" Device for heroism on 7 January 1969 in Vietnam.

5.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 8012, dated 24 June 1969, show he was awarded the Bronze Star Medal with "V" Device for heroism on 14 May 1969 in Vietnam.

6.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 9777, dated 14 August 1969, show he was awarded the Bronze Star Medal for meritorious achievement for the period June 1969 to August 1969 in Vietnam.

7.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 11775, dated 25 September 1969, show he was awarded the Bronze Star Medal with 1st Oak Leaf Cluster for meritorious service for the period October 1968 to October 1969 in Vietnam.

8.  Records show he participated in four campaigns during his assignment in Vietnam.

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 5th Cavalry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by Department of the Army General Orders (DAGO) 59, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 to February 1970 by DAGO 11, dated 1973

11.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

13.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.



DISCUSSION AND CONCLUSIONS:

1.  His DD Form 214 shows one award of the Bronze Star Medal.  However, orders show he received three awards of the Bronze Star Medal, one award for valor.  Therefore, his DD Form 214 should be corrected to show the Bronze Star Medal (3rd Award) and "V" Device.

2.  His DD Form 214 shows the Army Commendation Medal as an authorized award.  However, orders show he received the Army Commendation Medal with "V" Device; therefore, his DD Form 214 should be corrected to show the Army Commendation Medal with "V" Device.

3.  He was separated in the temporary rank of sergeant with 20 months of creditable active service with no lost time.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 19 February 1968 through 20 October 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

4.  He participated in four campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with four bronze service stars.  His DD Form 214 should be corrected to show this award.

5.  His unit was also cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show both 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 19 February 1968 through 20 October 1969;

	b.  deleting the Bronze Star Medal, Army Commendation Medal, and Vietnam Service Medal from item 24 of his DD Form 214; and

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

* Bronze Star Medal (3rd Award) and "V" Device
* Army Commendation Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)



      __________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)                                         AR20110001937



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ABCMR Record of Proceedings (cont)                                         AR20110001937



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