IN THE CASE OF:	  

		BOARD DATE:	  6 September 2012

		DOCKET NUMBER:  AR20120003370 


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 that his records be corrected to show all of his awards. 

2.  The applicant states the award of a second Army Commendation Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, and the "1960 Device" notation (on his Vietnam Campaign Medal) should be listed on his DD Form 214 (Report of Transfer or Discharge).

3.  The applicant provides copies of his DD Form 214; 4 September 1969 Army Commendation Medal Certificate; and orders the Army Commendation Medal with "V" Device, Expert Marksmanship Badge with Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.

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 served on active duty from 13 March 1968 through 17 October 1969.

3.  U.S. Army Training Center and Fort Lewis Special Orders Number 117, dated 27 April 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  U.S. Army Training Center and Fort Lewis Special Orders Number 168, dated 17 June 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar. 

5.  U.S. Army Training Center and Fort Lewis Special Orders Number 175, dated 24 June 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

6.  25th Infantry Division General Orders Number 2799, dated 6 March 1969, awarded the applicant the Army Commendation Medal with "V" Device.

7.  Headquarters, United States Army Vietnam General Orders Number 3384, dated 4 September 1969, awarded the applicant the Army Commendation Medal for meritorious service from August 1968 through October 1969.

8.  The applicant's DD Form 214 shows his awards as the "NATIONAL DEFENSE SERVICE MEDAL   VIETNAM SERVICE MEDAL   VIETNAM CAMPAIGN MEDAL   ARMY COMMENDATION MEDAL W/V DEVICE   COMBAT INF. BDGE   PURPLE HEART (1ST OLC)  GOOD CONDUCT MEDAL (1ST AWD)."

9.  His DA Form 20 (Enlisted Qualification Record) shows service in Vietnam with:

   a.  Company A, 2nd Battalion, 14th Infantry Regiment from 17 August 1968 through 8 April 1969; 

   b.  Company D, 1st Battalion, 52nd Infantry Regiment from 9 April 1969 through 29 September 1969; and 

   c.  Headquarters and Headquarters Company, 95th Military Police Battalion from 30 September 1969 through 13 October 1969.
	 
10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the following units, they were awarded:

	a.  2nd Battalion, 14th Infantry Regiment -- two Republic of Vietnam Gallantry Cross with Palm Unit Citations and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;

	b.  1st Battalion, 52nd Infantry Regiment -- the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	c.  Headquarters and Headquarters Company, 95th Military Police Battalion -- the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

11.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  the full and proper title for the Vietnam Campaign Medal is the Republic of Vietnam Campaign Medal with "1960" Device;

	b.  the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" device in conjunction with award of the Army Commendation Medal;

	c.  a bronze Oak Leaf Cluster is to be worn to denote a second award of an Army Commendation Medal;

	d.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, he participated during the following four campaign periods: the Counteroffensive Phase V, 1 July 1968 - 1 November 1968; Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; Tet 69 Counteroffensive, 23 February 1969 - 8 June 1969; and the Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969; and

	e.  an individual is not authorized issue of or to wear more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states all awards and decorations for all periods of service are to be listed in the priority sequence.  Each entry will be verified by the Soldier's records and abbreviations are not to be used. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded two Army Commendation Medals, one with a "V" Device.  His DD Form 214 shows only a single award.  

2.  The applicant served in Vietnam during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal.

3.  The applicant's three marksmanship qualification badges and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation were omitted from his DD Form 214.  

4.  The applicant served with three different units that were awarded a total of four Republic of Vietnam Gallantry Cross with Palm Unit Citations.  While he is only authorized issuance and to wear one medal, his records should reflect all four awards.

5.  The full and proper names for the Republic of Vietnam Campaign Medal with "1960" Device and the Combat Infantryman Badge were not used on the DD Form 214. 

6.  Based on the above facts and findings it is appropriate to correct the applicant's DD Form 214 as shown below.

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: 

	a.  deleting the entries for the Army Commendation Medal w/V Device, Vietnam Service Medal, Vietnam Campaign Medal, and Combat Inf. Bdge; and 

	b.  showing that in addition to his other awards, the applicant is authorized the Army Commendation Medal with "V" Device and one Oak Leaf Cluster, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation (4th award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, Expert Marksmanship Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle and Machinegun Bars.



      ____________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)                                         AR20120003370





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ABCMR Record of Proceedings (cont)                                         AR20120003370



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