IN THE CASE OF:	  

		BOARD DATE:	  15 November 2011

		DOCKET NUMBER:  AR20110009704 


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, in effect:

	a.  the Army Commendation Medal with "V" Device be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge);

	b.  he be issued the Army Commendation Medal with "V" Device; and

	c.  his rank be corrected to show sergeant/E-5 on his Army Commendation Medal with "V" Device citation. 

2.  The applicant states:

* he received the Army Commendation Medal with "V" Device for heroism and the citation shows his rank as private/E-1 but he was a sergeant/E-5 when it was awarded
* he never received the Army Commendation Medal with "V" Device

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Orders for the Army Commendation Medal with "V" Device
* Award certificate for the Army Commendation Medal (First Oak Leaf Cluster)
* Citation for the Army Commendation Medal 
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 
13 September 1967.  He arrived in Vietnam on 23 July 1968.  He served as a field artillery basic crewman assigned to Headquarters and Headquarters Battery, 1st Battalion, 82nd Artillery in Vietnam from 23 July 1968 to 31 January 1969.  He was assigned to 6th Battalion, 29th Artillery of the 4th Infantry Division in Vietnam from 1 February 1969 to 21 July 1969.  On 23 July 1969, he was released from active duty after completing 1 year, 10 months, and 11 days of creditable active service with no time lost.  

3.  His DD Form 214 shows:

* the entry "SGT (T)" [sergeant (temporary)] in item 5a (Grade, Rate or Rank)
* the entry "E-5" in item 5b (Pay Grade)
* the entry "24 Jun 68" [24 June 1968] in item 6 (Date of Rank (DOR))
* the entry "Item 5a: PFC (P) [permanent] E-3 Appointed 26 Feb 68" in item 30 (Remarks)

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* NDSM (National Defense Service Medal)
* VSM (Vietnam Service Medal)
* VCM [correctly known as the Republic of Vietnam Campaign Medal with Device (1960)]
* EXP (M-16) [correctly known as the Expert Marksmanship Qualification Badge with Rifle Bar (M-16)]
* two overseas service bars 

5.  Orders, dated 31 May 1969, show he received the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service for the period July 1968 to July 1969. 

6.  Orders, dated 6 July 1969, show he received the Army Commendation Medal with "V" Device for heroism on 9 May 1969 in Vietnam.  The citation states he was a private first class on that date.

7.  Orders, dated 24 June 1968, show the applicant was appointed to the temporary grade of specialist four/E-4.

8.  Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows he was appointed to:

* the permanent grade of private first class effective 26 February 1968
* the temporary grade of specialist four effective 24 June 1968

9.  There are no orders which show he was promoted to sergeant in the available records. 
 
10.  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.

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

12.  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 6th Battalion, 29th Artillery, was cited for award of the:

* Meritorious Unit Commendation for actions during the period 1 November 1968 to 30 April 1969 by Department of the Army General Orders (DAGO) 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 53, dated 1970


13.  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.

14.  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.  Orders show the applicant received the Army Commendation Medal with "V" Device with First Oak Leaf Cluster.  His DD Form 214 should be corrected to show these awards.

2.  The evidence of record does not support his contention his rank is shown as private/E-1 on his Army Commendation Medal with "V" Device citation.  The citation shows his rank as private first class/E-3.    

3.  He contends he was an E-5 when he was awarded the Army Commendation Medal with "V" Device and he wants his citation corrected to show this rank.  Although his DD Form 214 shows his temporary rank as sergeant at the time of his separation on 23 July 1969, there are no orders which show he was promoted to sergeant.  In addition, his DD Form 214 also shows his DOR for sergeant as 24 June 1968 but orders show he was promoted to specialist four/
E-4 on that date.  Therefore, there is insufficient evidence on which to grant his request to amend his rank to sergeant/E-5 on the Army Commendation Medal with "V" Device citation.  It is noted orders show he held the temporary rank of specialist four on 6 July 1969 but his citation will not be corrected to show this rank at this time since he did not request it.     

4.  He was released from active duty in the temporary rank of specialist four with 22 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 13 September 1967 through 23 July 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

5.  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.

6.  His unit was cited for the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  His DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  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 partial 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 first award of the Army Good Conduct Medal for the period 13 September 1967 through 23 July 1969;

	b.  adding the Army Good Conduct Medal, Army Commendation Medal with "V" Device and with First Oak Leaf Cluster, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal in 24 of his DD Form 214; and

	c.  issuing him the Army Commendation Medal with "V" Device.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 


denial of so much of the application that pertains to amending his rank on his Army Commendation Medal with "V" Device 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)                                         AR20110009704



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ABCMR Record of Proceedings (cont)                                         AR20110009704



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