BOARD DATE:	  3 April 2012

		DOCKET NUMBER:  AR20110018723 


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 award of the Purple Heart and Army Commendation Medal with "V" Device.

2.  The applicant states the awards were for his service in the Republic of Vietnam (RVN); however, they were not recorded on his DD Form 214.

3.  The applicant provides a copy of his Purple Heart award orders and a letter in support of his request.

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 in the Army of the United States on 3 December 1965.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service):  Vietnam from 15 May 1966 through 19 June 1967;

	b.  item 33 (Appointments and Reductions):  he was promoted to sergeant (SGT)/pay grade E-5 on 30 April 1967;

	c.  item 38 (Record of Assignments):

		(1)  Company C, 2nd Battalion, 35th Infantry, from 17 May 1966 through 17 June 1967;

    	(2)  he received "excellent" conduct and efficiency ratings throughout his military service;

	d.  item 39 (Campaigns):

* Vietnam Counteroffensive
* Vietnam Counteroffensive Phase II

	e.  item 40 (Wounds):  no entry (is blank); and

	f.  item 41 (Awards and Decorations):

* Expert Marksmanship Qualification Badge with Rifle Bar
* Combat Infantryman Badge
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* 2 Overseas Service Bars

4.  Headquarters, 4th Infantry Division, General Orders Number 1526, dated
22 June 1967, awarded the applicant the Purple Heart for wounds received in the RVN on 3 March 1967.

5.  Headquarters, 4th Infantry Division, General Orders Number 1630, dated
30 June 1967, awarded the applicant the Army Commendation Medal for meritorious service in the RVN from May 1966 to May 1967.
6.  A DD Form 214 shows the applicant entered active duty on 3 December 1965, was honorably released from active duty on 1 December 1967, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  He completed 1 year, 11 months, and 29 days of active service that included 1 year, 1 month, and 5 days of foreign service.  It also shows the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with 2 bronze service stars
* Combat Infantryman Badge

7.  A review of the applicant's military service records failed to reveal any evidence he was recommended for or awarded the Army Commendation Medal with "V" Device for heroism.

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Army Commendation Medal with "V" Device pertaining to the applicant.

9.  In support of his request, the applicant provides a copy of a National Personnel Records Center (NPRC), Military Personnel Records, St. Louis, Missouri, letter, dated 26 August 2011, that shows an archives technician authorized issuance of (in pertinent part) the following medal sets to the applicant:

* Purple Heart
* Army Commendation Medal with "V" Device

10.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

11.  Headquarters, 1st Armored Division (Old Ironsides), Fort Hood, Texas, Special Orders Number 35, dated 9 February 1966, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar.

12.  Headquarters, Fort Polk, Louisiana, Special Orders Number 089, dated
4 April 1966, as amended by Special Orders Number 093, dated 8 April 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar.

13.  Headquarters, Fort Polk, Louisiana, Special Orders Number 093, dated 
8 April 1966, awarded the applicant the Marksman Marksmanship Qualification Badge with Machinegun (M-60) Bar.

14.  The applicant's military service records do not contain any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying 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.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to Company C, 2nd Battalion, 35th Infantry, the battalion was awarded the:

* Valorous Unit Award for the period 22 April to 20 August 1967 by Department of the Army General Orders (DAGO) Number 43 (1972)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 to 1 August 1967 by DAGO Number 48 (1971)

17.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  Paragraph 2-13 contains the regulatory guidance for the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and shows that during the applicant's service in Vietnam participation credit was awarded for the:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)

	c.  The bronze "V" device is authorized for wear in conjunction with award of the Army Commendation Medal.  The bronze "V" device indicates acts of heroism involving conflict with an armed enemy.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Army Commendation Medal with "V" Device and Purple Heart.

2.  The applicant's claim to the Army Commendation Medal with "V" Device was carefully considered.

	a.  On 30 June 1967, general orders awarded the applicant the Army Commendation Medal for meritorious service in the RVN from May 1966 to May 1967.

	b.  On 26 August 2011, a technician at the NPRC authorized issuance of the Army Commendation Medal with "V" Device medal set to the applicant.
   
   c.  There are no orders or other evidence that shows the applicant was awarded the Army Commendation Medal with "V" Device for heroism.

   d.  The sincerity of the applicant's claim is not in question.  However, despite the fact he was issued the Army Commendation Medal with "V" Device, there are no orders or any other Army records that show the applicant was actually awarded the Army Commendation Medal with "V" Device.  Thus, it appears an administrative error was made when the applicant was issued the Army Commendation Medal with "V" Device medal set.

   e.  Therefore, there is insufficient evidence to support the applicant's claim to the Army Commendation Medal with "V" Device.

3.  The evidence of record shows:

	a.  general orders awarded the applicant the Purple Heart for wounds received in action in the RVN on 3 March 1967;

	b.  special orders awarded the applicant the:

* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle
(M-16) and Machinegun (M-60) Bars

	c.  the applicant qualified for award of the Vietnam Service Medal and he served in three campaigns during his service in Vietnam.  Thus, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal; and

	d.  general orders awarded the applicant's unit the:
   
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

4.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 3 December 1965 to
1 December 1967.

   a.  He was promoted to SGT (E-5) with less than 17 months of service.

   b.  He received "excellent" conduct and efficiency ratings during his service.

   c.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

   d.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award), based on the available evidence it would be appropriate to award the applicant this medal and correct his
DD Form 214 to show the award.

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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 Army Good Conduct Medal (1st Award) for the period 3 December 1965 through 1 December 1967 (Standard Name Line:  SGT Company B, 3rd Battalion, 10th Infantry, Fort Carson, CO  80902);

	b.  deleting from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 the "Vietnam Service Medal w/2 Bronze Service Stars"; and

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

* Purple Heart
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle 
(M-16) and Machinegun (M-60) Bars

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 the Army Commendation Medal with "V" Device.  



      __________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)                                         AR20110018723



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110018723



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1