BOARD DATE:	  21 August 2012

		DOCKET NUMBER:  AR20120003771 


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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Army Commendation Medal (ARCOM) with "V" Device (1st Oak Leaf Cluster).

2.  The applicant states, in effect, that his second award of the ARCOM was omitted from his DD Form 214.  The applicant states he initially received the ARCOM with "V" Device and he received his second ARCOM for meritorious service prior to his departure from the Republic of Vietnam (RVN).

3.  The applicant provides:

* his DD Form 214
* an ARCOM certificate for heroism on 4 November 1969, dated 
22 November 1969 
* General Orders Number 14698, dated 22 November 1969, issued by the 1st Cavalry Division (Airmobile)
* an ARCOM certificate for meritorious service for the period November 
1969 through November 1970, dated 3 November 1970
* a citation for award of the ARCOM for meritorious service during the period November 1969 through November 1970




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 on 2 April 
1969 and successfully completed training.  He was awarded military occupational specialty 13B (Field Artillery Crewman).

3.  He arrived in the RVN and was assigned to Headquarters and Headquarters Battery, 1st Battalion, 30th Artillery, 1st Cavalry Division (Airmobile) on 
15 September 1969.

4.  General Orders Number 14698, dated 22 November 1969, issued by the 1st Cavalry Division (Airmobile), show the applicant was awarded the ARCOM with "V" Device for heroism on 4 November 1969.

5.  The applicant provides a certificate and citation, dated 3 November 1970, which shows he was awarded the ARCOM for meritorious service for the period November 1969 through November 1970.  He departed the RVN on 6 November 1970.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows General Orders Number 14698, dated 22 November 1969, awarded him the ARCOM with "V" Device and General Orders Number 18177, dated 1970, awarded him the ARCOM.

7.  The applicant's DD Form 214 shows he was awarded:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device "1960"
* Army Commendation Medal
* Air Medal

8.  A DD Form 215 (Correction to DD Form 214), dated 8 December 2011, shows deletion of the ARCOM and addition of the ARCOM with "V" Device.  

9.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, 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 three campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970) 
* Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971) 

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, at the time of the applicant’s assignment to the 1st Battalion, 30th Artillery, it was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period May 1969 through February 1970 based on Department of the Army General Orders (DAGO) 11, dated 1973
* Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation for the period 1 January 1969 through 1 February 1970 by DAGO 42, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for award of the ARCOM with "V" Device (1st Oak Leaf Cluster) was carefully considered and it was determined there is sufficient evidence to support his request.

2.  General orders show the applicant was awarded the ARCOM with "V" Device and the ARCOM for meritorious service.  Therefore, he is entitled to correction of his records to show the ARCOM with "V" Device (1st Oak Leaf Cluster). 

3.  The applicant’s participation in three campaigns makes him eligible for three bronze service stars to be worn on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to show these awards.

4.  The applicant was assigned to a unit during a period of time the unit was awarded the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit 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 "ARMY COMMENDATION MEDAL WITH V DEVICE" and 

	b.  adding to his DD Form 214:
   
* ARCOM with "V" Device (1st Oak Leaf Cluster)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Three bronze service stars for wear on his already-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)                                         AR20120003771



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ABCMR Record of Proceedings (cont)                                         AR20120003771



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