IN THE CASE OF:	  

		BOARD DATE:	  2 February 2012

		DOCKET NUMBER:  AR20110014587 


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, through his Member of Congress, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal with "V" Device. 

2.  He also request correction of the general orders and certificate that awarded him the Army Commendation Medal with "V" Device to show his Service Number (SN) as "USXXXXXX3" instead of "USXXXXXXX9" (the number 3 instead of the number 9 in the ninth digit).

3.  The applicant states the omission and error appears to be an administrative oversight. 

4.  The applicant provides his DD Form 214 and General Orders (GO) Number 8469 and certificate awarding him 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.  The applicant was inducted into the Army of the United States on 3 October 1966.  Item 2 (Serial Number) of his DD Form 47 (Record of Induction) listed his SN as "USXXXXXX3."

3.  On 3 October 1966, the Armed Forces Examining and Entrance Station, Providence, RI, issued Special Orders (SO) Number 194 ordering him to report to For Jackson, SC, for training.  The orders listed his SN as "USXXXXXX3."

4.  His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty, shows his SN as "USXXXXXX3."  He reviewed this form at a later date and placed his signature in the appropriate block.  

5.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 12C (Bridge Specialist).  

6.  SO Number 209, issued by Headquarters, 2nd Training Brigade, Fort Jackson, SC, on 21 November 1966 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  He served in Vietnam from on or about 25 October 1967 to on or about 26 September 1968.  He was assigned to Company E, 1st Engineer Battalion, 1st Infantry Division.

8.  GO Number 5669, issued by Headquarters, 1st Infantry Division, on 19 June 1968, awarded him the Army Commendation Medal for meritorious achievement from 12 to 16 April 1968.  The orders and accompanying certificate listed his SN as "USXXXXXX3" (the number 3 in the ninth digit)  

9.  GO Number 8469, issued by Headquarters, 1st Infantry Division, on 14 August 1968, awarded him the Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device for heroism on 22 June 1968.  The orders and accompanying certificate listed his SN as "USXXXXXX9" (the number 9 in the ninth digit).  

10.  All other documents in his service record, including promotion orders, assignment and reassignment orders, medical documents, award orders, and various related documents listed his SN as "USXXXXXX3."  

11.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 19 September 1968.  His DD Form 214 listed the correct SN.  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
* Vietnam Campaign Medal
* Army Commendation Medal

12.  A review of the applicant's records reveals his entitlement to additional awards which are not shown on his DD Form 214.

13.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal 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.

14.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 1st Engineer Battalion, in Vietnam, his unit was awarded the:

* Meritorious Unit Commendation, for service from 16 May 1967 to 2 June 1968, based on DAGO Number 51, dated 1971
* Meritorious Unit Commendation, for service from 3 June 1968 to 5 June 1969, based on DAGO Number 50, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 12 July 1965 to 16 October 1968 based on DAGO Number 21, dated 1969
* Less Company B of the 1st Engineer Battalion, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service from October 1965 to 7 April 1970, based on DAGO Number 53, dated 1970

15.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows participation credit was awarded for three campaigns during the applicant's service in the Republic of Vietnam as shown below.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

* Vietnam Counteroffensive Phase III; 1 June 1967 - 29 January 1968
* Tet Counteroffensive; 30 January - 1 April 1968
* Vietnamese Counteroffensive Phase IV; 2 April - 30 June 1968
* Vietnam Counteroffensive, Phase V, 1 July 1968 - 1 November 1968

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  Additionally, he was assigned the SN "USXXXXXX3" at the time of his induction.  This SN was used consistently in connection with his personnel management throughout his military service.  It appears when the orders and accompanying certificate awarding him the Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device were published, his SN was inadvertently listed as "USXXXXXX9."  He should have both documents amended to show the correct Serial Number.

3.  He served honorably from 3 October 1966 through 19 September 1968.  He served in combat in Vietnam, attained the rank/grade of SGT/E-5, and received "excellent" efficiency and conduct ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him from receiving the first award of the Army Good Conduct Medal, it would be appropriate to award the applicant the Army Good Conduct Medal based and to correct his records to show this award.

4.  General orders awarded his unit in Vietnam two awards of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

5.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to the Vietnam Service Medal.

5.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.
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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 3 October 1966 through 19 September 1968
* deleting from item 24 of his DD Form 214 the Army Commendation Medal and the Vietnam Service Medal
* adding to item 24 of his DD Form 214 the:

* Army Commendation Medal (1st Oak Leaf Cluster) with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

* amending General Orders Number 8469, issued by Headquarters, 1st Infantry Division, on 14 August 1968, and accompanying certificate awarding him the Army Commendation Medal (1st Oak Leaf Cluster) with "V" to show his Service Number as "USXXXXXX3"


      _______ _   _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)                                         AR20110014587



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ABCMR Record of Proceedings (cont)                                         AR20110014587



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