IN THE CASE OF:	  

		BOARD DATE:	  13 September 2012

		DOCKET NUMBER:  AR20120004239 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Air Medal and the Army Commendation Medal (ARCOM) with “V” Device and one Oak Leaf Cluster (1OLC).

2.  The applicant states that his awards of the Air Medal and ARCOM with “V” Device and 1OLC are not reflected on his DD Form 214.

3.  The applicant provides copies of his Air Medal and ARCOM Certificates and Citations.

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 1 February 1968.  He completed basic and advanced individual training as a light weapons infantryman at Fort Polk, Louisiana and airborne training at Fort Benning, Georgia before being transferred to Vietnam on 8 September 1968 for assignment to Company B, 1st Battalion, 35th Infantry Regiment, 4th Infantry Division.  He was advanced to the pay grade of E-4 on 24 January 1969. 

3.  General Orders Number 3416 issued by Headquarters, 4th Infantry Division on 26 June 1969 awarded him the Army Commendation Medal with “V” Device for heroism in action on 14 February 1969.

4.  General Orders Number 4374 issued by Headquarters, 4th Infantry Division on 31 July 1969 awarded him the Air Medal for the period 22 September 1968 to 17 July 1969.

5.  The applicant provides a Certificate and Citation awarding him the ARCOM for meritorious service from September 1968 to September 1969 and they are signed by the same commander as his previous ARCOM with “V” Device and Air Medal.  However, there are no orders present in the available records. 

6.  A review of his records shows that he had “excellent” conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

7.  He participated in four campaigns and departed Vietnam on 3 September 1969.  He was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) as an overseas returnee that date.  He had served    1 year, 7 months, and 3 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal (VSM), Combat Infantryman Badge, and Vietnam Campaign Medal.

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 
3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.


9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal, in the applicant’s case, the VSM.  

DISCUSSION AND CONCLUSIONS:

1.  While the applicant does not provide any evidence and his records do not contain orders for the ARCOM, there are orders available for the Air Medal and ARCOM with “V” Device and his certificates and citations match the ARCOM certificate and citation he provides.  Therefore, it is reasonable to presume that the orders were published and failed to make their way to his records.  Accordingly, his awards of the Air Medal and ARCOM with “V” Device and 1OLC should be added to his DD Form 214 at this time.

2.  After carefully examining the applicant’s record of service, it appears the applicant should have received the AGCM (1st Award) for his service from 
1 February 1968 through 3 September 1969.  This conclusion is based on the fact that his record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.  The evidence further suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders.  Therefore, in the interest of justice, this error should be corrected by awarding the applicant the AGCM (1st Award) and correcting his DD Form 214 to show this award.

3.  The applicant served in four campaigns and thus he is entitled to wear four bronze service stars on his already-awarded VSM.  Accordingly, they should be added at this time. 

4.  Additionally, he was serving with his unit when the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Accordingly, his 
DD Form 214 should be corrected to reflect these awards.
BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 the entry “VSM” from his DD Form 214;

   b.  awarding him the AGCM (1st Award) for the period 1 February 1968 to 
3 September 1969; and

   c.  adding the Air Medal, ARCOM with “V” Device and 1OLC, AGCM (1st Award), VSM with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20120004239



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ABCMR Record of Proceedings (cont)                                         AR20120004239



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