IN THE CASE OF:	  

		BOARD DATE:	    15 December 2011

		DOCKET NUMBER:  AR20110010914 


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 following awards:

* Air Medal (AM)
* Army Commendation Medal (ARCOM) with 1st Oak Leaf Cluster (OLC) [2nd Award]
* Bronze Star Medal (BSM) with "V" Device

2.  He states the awards were never added to his DD Form 214 at the time of his separation.

3.  The applicant provides the following:

* DD Form 214
* General Orders Number 124, dated 17 January 1969, with BSM with "V" Device Certificate
* General Orders Number 2105, dated 27 May 1969, with ARCOM with 1st OLC Certificate and Citation
* General Orders Number 5906, dated 11 September 1969, with AM Certificate and Citation

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's military records show he was inducted into the Army of the United States on 2 February 1968.  He served in the Republic of Vietnam from 6 July 1968 to 5 September 1969 and was assigned to Company A, 1st Battalion, 35th Infantry Regiment, 4th Infantry Division.  He was honorably released from active duty on 10 September 1969 and credited with 1 year, 7 months, and 9 days of active service.

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

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  General Orders Number 124, dated 17 January 1969, show he was awarded the BSM with "V" Device for heroism for his actions on 13 November 1968.

5.  General Orders Number 2105, dated 27 May 1969, show he was awarded the ARCOM with 1st OLC for meritorious service during the period July 1968 to July 1969.

6.  General Orders Number 5906, dated 11 September 1969, show he was awarded the AM for meritorious service during the period 11 August 1968 to 27 August 1969.

7.  There is no record of courts-martial or a commander's disqualification for award of the Army Good Conduct Medal (AGCM) contained in his records.  Additionally, his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.

8.  A review of his DD Form 214 indicates he is entitled to additional awards that are not shown on this form.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the 1st Battalion, 35th Infantry Regiment, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967-28 July 1969 by Department of the Army General Orders (DAGO) Number 38, dated 1970; Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969-10 April 1970 by DAGO Number 52, dated 1971; and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967-31 October 1969 by DAGO Number 53, dated 1970; during his period of assignment.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the VSM for participation in each campaign.  Based on his service in Vietnam, he is credited with participation in the following campaigns:

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

DISCUSSION AND CONCLUSIONS:

1.  Orders verify the applicant is entitled to correction of his records to show the BSM with "V" Device, AM, and ARCOM (2nd Award).

2.  The evidence of record shows the applicant received "excellent" conduct and efficiency ratings and he had no record of courts-martial and no commander's disqualification for award of the AGCM.  Therefore, he should be awarded the first award of the AGCM for the period 2 February 1968 to 10 September 1969 and therefore entitled to correction of his records to show this award.

3.  The evidence of record shows he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these unit awards.

4.  The evidence also shows he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show four bronze service stars for his already-awarded VSM.

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 AGCM (1st Award) for the period 2 February 1968 to 10 September 1969;

	b.  deleting the VSM from item 24 of his DD Form 214; and

	c.  adding the BSM with "V" Device, AM, ARCOM (2nd Award), AGCM (1st Award), VSM with four bronze service stars, Republic of Vietnam Gallantry 

Cross with Palm Unit Citation (2nd Award), and Republic of Vietnam Civil Actions Honor Medal First Class to item 24 of 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.

ABCMR Record of Proceedings (cont)                                         AR20110010914



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110010914



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1