IN THE CASE OF:	  

		BOARD DATE:  3 May 2012

		DOCKET NUMBER:  AR20110021796 


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 Bronze Star Medal (BSM) and a second award of the Army Commendation Medal (ARCOM).

2.  He states the correction will help him file a disability claim with the Department of Veterans Affairs.

3.  He provides a BSM and an ARCOM Certificate.

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 enlisted in the Regular Army on 22 April 1968 for a period of 3 years.  After completing initial entry training, he was awarded military occupational specialty 82C (Field Artillery Surveyor).  On 27 November 1969, he was awarded primary MOS 73D (Accounting Specialist).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) he served in Vietnam from 4 October 1969 through 3 October 1970
* item 38 (Record of Assignments) he was assigned to Headquarters and Headquarters Company, Americal Division from 13 October 1969 to 29 September 1970

4.  Headquarters, Americal Division, issued the following orders pertaining to the applicant:

* General Orders Number 10433, dated 10 August 1970, awarded him the ARCOM for meritorious achievement from 1 January to 30 April 1970
* General Orders Number 11976, dated 5 September 1970, awarded him the BSM for meritorious service from October 1969 to October 1970
* General Orders Number 13262, dated 3 October 1970, awarded him the ARCOM (1st Oak Leaf Cluster), in effect, the 2nd award for meritorious achievement from 1 June to 30 September 1970

5.  On 21 April 1971, he was honorably released from active duty at the expiration of his term of service after completing 3 years of total active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Vietnam "Commendation" Medal
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Army Good Conduct Medal
* ARCOM
* two Overseas Service Bars

6.  A review of the available records indicates entitlement to additional awards and decorations not shown on his DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member 


is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

8.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

9.  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 23d Infantry Division (also called the Americal Division) was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August through 31 December 1969 and 31 March through 30 June 1970, by Department of the Army General Order Number 42, dated 1972.

10.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the BSM and two awards of the ARCOM.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  He participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on the already-awarded Vietnam Service Medal and correction of his DD form 214 to show these bronze service stars.

3.  He served during a qualifying period of service in Vietnam for the Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 shows the Vietnam "Commendation" Medal, which is not an authorized award; however, it appears it should have reflected the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected accordingly.

4.  His unit in Vietnam was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Although he is only authorized to wear only one of these unit awards his DD Form 214 should be corrected to show both awards.

BOARD VOTE:

____X __  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

	a.  deleting from his DD Form 214 the Army Commendation Medal, Vietnam Service Medal, and the Vietnam "Commendation" Medal, and

	b.  adding to his DD Form 214 the:

* Bronze Star Medal
* Army Commendation Medal (2d Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2d Award)



      ___________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)                                         AR20110021796



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ABCMR Record of Proceedings (cont)                                         AR20110021796



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