IN THE CASE OF:	  

		BOARD DATE:	  24 May 2012

		DOCKET NUMBER:  AR20110022549 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his awards and decorations, including:

* two Army Commendation Medals (ARCOM) – one for heroism and one for meritorious service
* two Air Medals (AM)

2.  The applicant states he wants to set the record straight.

3.  The applicant provides:

* DD Form 214
* Department of Veterans Affairs Rating Decision
* General Orders Number 7929, Headquarters, 9th Infantry Division, Vietnam, awarding him the ARCOM with "V" Device for heroism on 4 June 1968
* ARCOM with 1st Oak Leaf Cluster (OLC) Citation for the period January 1968 to December 1968
* General Orders Number 9297, Headquarters, 9th Infantry Division, Vietnam, awarding him the AM for the period 17 April 1968 to 14 September 1968
* AM Citation for the period 17 April 1968 to 14 September 1968
* letter from a former comrade-in-arms, dated 27 January 2006

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 for 2 years on 3 August 1967.  He was trained as a light weapons infantryman and served in Vietnam from on or about 8 December 1967 to on or about 1 January 1969 with Company A, 2nd Battalion, 39th Infantry, 9th Infantry Division.

3.  The applicant was honorably released from active duty on 1 August 1969.  His DD Form 214 shows he was awarded or authorized:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge
* "VCM W/60 Dvc" (Republic of Vietnam Campaign Medal with Device (1960))
* "ACM W/V Dvc" (ARCOM with "V" Device)
* Army Good Conduct Medal (1st Award)
* "VN Unit Cit"
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* First Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* First Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)

4.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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, revealed the following orders pertaining to the applicant:

* General Orders Number 11346, Headquarters, 9th Infantry Division, Vietnam, awarding him the ARCOM with 1st OLC
* General Orders Number 366, Headquarters, 9th Infantry Division, Vietnam, awarding him the Purple Heart for wounds received in action on 11 December 1968

5.  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 2nd Battalion, 39th Infantry, was cited for award of the:

* Presidential Unit Citation for the period 7-22 March 1968 by Department of the Army General Orders (DAGO) 60, dated 1969
* Valorous Unit Award for the period 1-3 February 1968 by DAGO 42, dated 1969
* three Republic of Vietnam Gallantry Cross with Palm Unit Citations for the periods –

* 1 December 1966-30 June 1968 by DAGO 31, dated 1969
* 1 July-13 November 1968 by DAGO 31, dated 1969
* January-June 1969 by DAGO 59, dated 1969

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by DAGO 59, dated 1969

6.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  A silver service star is authorized in lieu of five bronze service stars.  The applicant served in Vietnam during the following five campaigns:

* Vietnam Counteroffensive Phase III, 1 June 1967-29 January 1968
* Tet Counteroffensive, 30 January-1 April 1968
* Vietnam Counteroffensive Phase IV, 2 April-30 June 1968
* Vietnam Counteroffensive Phase V, 1 July-1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968-22 February 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 already shows his ARCOM with "V" Device.  Orders awarded him a second ARCOM for meritorious service, thus he is entitled to a correction to his DD Form 214 to show ARCOM (2nd Award) with "V" Device.

2.  The applicant provided general orders awarding him one AM; therefore, he is entitled to have the AM added to his DD Form 214.  However, no orders for additional AM's could be found.

3.  The applicant is entitled to additional personal and unit awards.  General orders awarded him the Purple Heart and DAGO's awarded his unit the:

* Presidential Unit Citation
* Valorous Unit Award
* three Republic of Vietnam Gallantry Cross with Palm Unit Citations
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

4.  The applicant served in Vietnam during five campaigns; therefore, he is entitled to one silver service star for his already-awarded VSM.  This should be added to his DD Form 214.

5.  The applicant's DD Form 214 shows he was awarded or authorized the "VN Unit Cit."  This abbreviation does not directly correspond to any award listed in Army Regulation 600-8-22.  It is believed that this entry refers to the Republic of Vietnam Gallantry Cross with Palm Unit Citation or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, the "VN Unit Cit" should be deleted from his DD Form 214 and the proper entries should be recorded.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* deleting the following awards from his DD Form 214 –

* VSM
* "ACM W/V Dvc"
* "VN Unit Cit"

* adding the following awards to his DD Form 214 –

* Purple Heart
* AM
* ARCOM (2nd Award) with "V" Device
* VSM with one silver service star
* Presidential Unit Citation
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board further determined 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 a second AM.



      _____________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)                                         AR20110022549



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ABCMR Record of Proceedings (cont)                                         AR20110022549



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