BOARD DATE:	  18 October 2012

		DOCKET NUMBER:  AR20120006368 


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 the Army Commendation Medal (First Oak Leaf Cluster) and the Army Commendation Medal (First Oak Leaf Cluster) with "V" Device.

2.  The applicant states:

* he deserves to have his medals added on his DD Form 214
* he has been filing claims and he did not realize until recently that his medals were not on his DD Form 214
* the "review board" did not know that his medals should be on his DD Form 214

3.  The applicant indicates that he provided citations and certificates for both awards and his DD Form 214, but no documents were received with his application.

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 5 October 1967.  He completed training as a light weapons infantryman.  He arrived in Vietnam on 29 March 1968 and was assigned to Company A, 2nd Battalion, 28th Infantry Regiment, 1st Infantry Division.

3.  The applicant participated in the following five campaigns:

* Tet Counteroffensive, which extended from 30 January through 1 April 1968
* Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968
* Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968
* Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969
* Tet 69 Counteroffensive, which extended from 23 February through 8 June 1969

4.  On 5 February 1969, General Orders Number 980 were published awarding the applicant the Army Commendation Medal (First Oak Leaf Cluster) with "V" Device for heroism in connection with military operations against a hostile force on 28 November 1968.

5.  On 22 February 1969, General Orders Number 1388 were published awarding the applicant the Air Medal for meritorious achievement while participating in aerial flight from 15 April 1968 to 19 November 1968.

6.  The applicant departed Vietnam en-route to the United States on 28 March 1969.

7.  General Orders Number 161 were published on 16 September 1969 awarding him the Army Good Conduct Medal (First Award) for exemplary behavior, efficiency, and fidelity for the period 5 October 1967 to 4 October 1969.

8.  On 3 October 1969, the applicant was honorably released from active duty at the expiration of his term of service.  His DD Form 214 shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Campaign Medal with Device (1960)
* two Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Purple Heart
* Combat Infantryman Badge

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

	b.  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.

10.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  According to the applicable regulation an oak leaf cluster is awarded to denote the second and succeeding awards of the Army Commendation Medal.  Therefore, there is no basis for amending his DD Form 214 to list the Army Commendation Medal twice.

3.  The evidence of record shows that General Orders Number 980 were published on 5 February 1969, awarding the applicant the Army Commendation Medal (First Oak Leaf Cluster) with "V" Device.  His DD Form 214 should be amended to show this award.

4.  He is also authorized the following awards and correction on his DD Form 214 to show these awards:

* Air Medal
* Army Good Conduct Medal (First Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* One silver service star affixed to his already-awarded Vietnam Service Medal

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  ___x__  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the Vietnam Service Medal with two bronze service stars from his 
DD Form 214 and adding the following awards:

* Army Commendation Medal (First Oak Leaf Cluster) and with "V" Device
* Air Medal
* Army Good Conduct Medal (First Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with one silver service star

2.  The Board further determined that 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 amending his DD Form 214 to list the Army Commendation Medal twice.



      _______ _ 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)                                         AR20120006368





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ABCMR Record of Proceedings (cont)                                         AR20120006368



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