IN THE CASE OF:	  

		BOARD DATE:	  9 August 2012

		DOCKET NUMBER:  AR20120000302 


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 he was awarded three Army Commendation Medals (ARCOM).

2.  The applicant states the above awards were omitted from his DD Form 214 due to a mistake.

3.  The applicant provides:

* DD Form 214, effective 9 July 1969
* ARCOM certificate, dated 20 September 1968
* General Orders Number 8006, dated 3 September 1968
* ARCOM certificate, dated 19 September 1968
* General Orders Number 9822, dated 11 October 1968
* ARCOM certificate, dated 1 December 1968
* General Orders Number 11053, dated 1 December 1968

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.  His records show he was inducted into the Army of the United States on 
5 December 1967 and held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 14 May 1968 to 7 July 1969 while assigned to the following units:

* Company E, 2nd Battalion, 39th Infantry, 9th Infantry Division from 
23 May 1968 to 11 December 1968
* Headquarters and Headquarters Company (HHC), 9th Infantry Division from 12 December 1968 to 8 July 1969

3.  His military personnel records contain the following General Orders (GO) issued by Headquarters, 9th Infantry Division:

	a.  GO Number 8006, dated 3 September 1968, awarded him the ARCOM with "V" Device for heroism in connection with military operations against an armed hostile force on 3 June 1968;

	b.  GO Number 8737, dated 19 September 1968, awarded him the ARCOM with "V" Device for heroism in connection with military operations against an armed hostile force on 15 July 1968;

	c.  GO Number 9822, dated 11 October 1968, amended GO Number 8737 to show he was awarded the ARCOM with "V" Device (First Oak Leaf Cluster); and 

	d.  GO Number 11053, dated 1 December 1968, awarded him the ARCOM (Second Oak Leaf Cluster) for outstanding achievement for the period 
25 October to 1 December 1968 in connection with military operations against an armed hostile force in the Republic of Vietnam.

4.  On 9 July 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  The DD Form 214 he was issued shows he completed a total of 1 year, 7 months, and 5 days of active service.

5.  His DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Army Good Conduct Medal, Combat Infantryman Badge, Bronze Star Medal, and Air Medal.

6.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, he participated in the following five campaigns:

* 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)
* Tet 69 Counteroffensive (23 February - 9 June 1969)
* Vietnam Summer-Fall 1969 (9 June - 31 October 1969)

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows the units to which the applicant was assigned were cited for the following awards when he was assigned to the units:
   
   a.  2nd Battalion, 39th Infantry was awarded the:
   
* Presidential Unit Citation, for the period 7 March - 22 June 1968, by Department of the Army GO (DAGO) Number 60, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 - 30 June 1968, by DAGO 31, dated 1969
   
   b.  HHC, 9th Infantry Division was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 - 28 June 1969, by DAGO 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  He provided certificates and orders which show he received two ARCOMs for heroism and one ARCOM for achievement when he served in Vietnam.  Therefore, it would be appropriate to correct his DD Form 214 to show the ARCOM with "V" Device and two Oak Leaf Clusters.

2.  He participated in five campaigns while serving in Vietnam.  Therefore, he is authorized a silver service star for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show this award.

3.  General orders awarded his units the Presidential Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  In view of the above, his request should be granted.

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 adding to his DD Form 214 the:

* Army Commendation Medal with "V" Device and two Oak Leaf Clusters
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* one silver service star to be affixed to his previously-awarded Vietnam Service Medal



      _______ _   __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)                                         AR20120000302



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ABCMR Record of Proceedings (cont)                                         AR20120000302



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