IN THE CASE OF:	  

		BOARD DATE:	    29 November 2011

		DOCKET NUMBER:  AR20110009545 


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 item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to show he was awarded the:

* Air Medal
* Army Commendation Medal (2 awards, 1 with "V" device)

2.  The applicant states he has orders for these awards.

3.  The applicant provides:

* orders for the award of the Air Medal
* orders and certificate for the award of the Army Commendation Medal with "V" device

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 15 May 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  He was assigned to the 2nd Battalion, 5th Cavalry in the Republic of Vietnam from 31 October 1968 to 20 October 1969.  He was promoted to sergeant/pay grade E-5 on 6 August 1969.

4.  Headquarters, 1st Cavalry Division (Airmobile) issued General Orders:

* Number 5518, dated 6 May 1969, awarding him the Air Medal
* Number 11873, dated 28 September 1969, awarding him the Army Commendation Medal with "V" device for action on 20 June 1969

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Army Commendation Medal for service from October 1968 to October 1969.  The authority listed is 1st Cavalry Division General Order 11768, dated 25 September 1969.

6.  He was released from active duty on 14 May 1970.  He completed
2 years of active service that was characterized as honorable.  Item 24 of his 
DD Form 214 shows he was awarded or is authorized the:

* National Defense Service Medal
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal with 1 Oak Leaf Cluster
* Bronze Star Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* 1st Class Gunner (now known as Sharpshooter Marksmanship Qualification Badge) with Machinegun Bar

7.  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.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  

	a.  During the time of the applicant’s assignment to the 2nd Battalion, 
5th Calvary the unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods:

* 9 August 1965 to 19 May 1969
* May 1969 to February 1970

	b.  Not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded, 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.

DISCUSSION AND CONCLUSIONS:

1.  Orders show he was awarded two Army Commendation Medals, one with the "V" device.  Therefore, his DD Form 214 should be amended to reflect these awards.

2.  Orders show he was awarded the Air Medal.  Therefore, this award should be added to his DD Form 214.

3.  His records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 15 May 1968 to 14 May 1970 ending with termination of a period of Federal military service.
4.  His unit in the Republic of Vietnam received two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, these awards should be added to his DD Form 214.
BOARD VOTE:

___X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 awarding him the Army Good Conduct Medal (1st award) for the period of service from 15 May 1968 to 14 May 1970.

2.  The Board further recommended item 24 of his DD Form 214 be amended by:

	a.  deleting the entry: Army Commendation Medal w/1 Oak Leaf Cluster

	b.  adding the:

* Air Medal
* Army Commendation Medal (2 awards, 1 with "V" device)
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 awards)



      __________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)                                         AR20110009545



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ABCMR Record of Proceedings (cont)                                         AR20110009545



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