BOARD DATE:	  1 September 2011

		DOCKET NUMBER:  AR20110004346 


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 the Bronze Star Medal (BSM) with "V" Device and all unit awards he is entitled to that were not awarded prior to his release from active duty.

2.  The applicant states he was presented the BSM in the Republic of Vietnam (RVN) but a house fire destroyed his award certificate and medal.

3.  The applicant provides 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 was inducted into the Army of the United States on 16 January 1968.  Upon completion of training was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  General Orders Number 1579, issued by Headquarters, 4th Infantry Division, dated 9 May 1969, awarded him the Army Commendation Medal (ARCOM) for meritorious service in Vietnam during the period June 1968 to June 1969.

4.  General Orders Number 2053, issued by the same headquarters, dated 
25 May 1969, awarded him the ARCOM with "V" Device for heroism in Vietnam on 18 February 1969.

5.  General Orders Number 2151, issued by the same headquarters, dated 
1 June 1969, amended General Orders Number 2053 to read "Awarded:  ARCOM with "V" Device (1st Oak Leaf Cluster)."

6.  General Orders Number 3936, issued by the same headquarters, dated 
10 July 1969, awarded him the BSM with "V" Device (1st Oak Leaf Cluster) for heroism in Vietnam on 18 February 1969.

7.  The reason for the ARCOM with "V" Device (1st Oak Leaf Cluster) and the BSM with "V" Device as cited on the respective orders are identical for heroism in Vietnam on 18 February 1969.

8.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 31 (Foreign Service) he served in Vietnam from 17 June 1968 to 
13 June 1969.

	b.  Item 38 (Record of Assignments) he was assigned to Company B, 
1st Battalion, 35th Infantry while in Vietnam and that he received "excellent" conduct and efficiency ratings throughout his service.

9.  His Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal (AGCM).

10.  On 15 January 1970, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 after completing 2 years of total active duty.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* 
Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* National Defense Service Medal
* two Overseas Service Bars
* 1st Class Gunner (Sharpshooter Marksmanship Qualification Badge) with Machineun Bar (M-60)
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Combat Infantryman Badge
* Vietnam Campaign Medal with Device (1960)

11.  His OMPF contains an Official Statement of Award of AGCM, by The Adjutant General, dated 13 February 1974, that confirms his entitlement to the AGCM.  However, there is no evidence that shows official orders awarding him the AGCM were ever published.

12.  Army Regulation 600-8-22 (Military Awards), paragraph 1-19 (Duplication of Awards) states that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

13.  Army Regulation 600-8-22, paragraph 1–20 (Interim awards and awards of a lesser decoration) states to ensure that a deserving act, achievement, or service receives recognition, the appropriate authority may promptly award a suitable lesser military decoration pending final action on a recommendation for a higher award.  When a higher award is approved, the approving authority will revoke the interim award using a separate order.  The decoration will be returned by the recipient.

14.  Army Regulation 600-8-22 states that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

15.  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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.

16.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnamese Counteroffensive Phase IV (2 April - 30 June 1968) 
* Vietnamese Counteroffensive Phase V (1 July - l November 1968)
* Vietnamese Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN.  This pamphlet shows that during his assignment to 1st Battalion,
35th Infantry, it was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 through 28 July 1969 by Department of the Army General Orders (DAGO) Number 38, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 31 October 1969 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the ARCOM for meritorious service in Vietnam for the period June 1968 to June 1969.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General orders awarded him the BSM with "V" Device (1st Oak Leaf Cluster) and the ARCOM with "V" Device (1st Oak Leaf Cluster), both for actions in Vietnam on 18 February 1969 for the same act.  The military awards regulation provides that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  It further states that an interim award of a suitable lesser military decoration (e.g. the ARCOM) may promptly be awarded pending final action on a recommendation for a higher award (e.g. the BSM).  When a higher award is approved, the approving authority will revoke the interim award using a separate order.  It appears that the 

ARCOM with "V" Device was awarded to the applicant as an interim award pending final decision on the recommendation for the BSM with "V" Device.  It is presumed that General Orders Number 2053 and so much of General Orders 2151 pertaining to the applicant were properly revoked.  Therefore, it would be appropriate at this time to correction his DD Form 214 to show the BSM
(2nd Award) and with "V" Device.

3.  The evidence of record confirms he received "excellent" conduct and efficiency ratings at all of his active duty assignments and his OMPF is void of derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  Additionally, his OMPF contains an Official Statement of Award of AGCM that confirms his entitlement to the AGCM Therefore, it would be appropriate to award him the first award of the AGCM for the period 16 January 1968 through 15 January 1970 and to correct his DD Form 214 to show this award.

4.  Evidence shows the applicant participated in five campaign phases during his service in Vietnam.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this silver service star.

5.  His unit in Vietnam was cited 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.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
16 January 1968 through 15 January 1970; and

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

* Bronze Star Medal (2nd Award) and with "V" Device
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20110004346



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ABCMR Record of Proceedings (cont)                                         AR20110004346



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