IN THE CASE OF:	  

		BOARD DATE:  9 October 2012

		DOCKET NUMBER:  AR20120006726 


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 award of the Army Good Conduct Medal and addition of a "V" Device on his already-awarded Army Commendation Medal.

2.  The applicant states the clerk in Vietnam did not keep up with his records.  He attended several schools in Vietnam including Recondo and the Noncommissioned Officer School. 

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 enlisted in the Regular Army on 5 December 1966 and he initially held military occupational specialty (MOS) 36K (Wireman).

3.  He served in Vietnam from 1 May 1967 to 20 November 1968.  He was assigned to:

* Headquarters and Headquarters Company, 2nd Battalion, 47th Infantry, 9th Infantry Division from 11 through 31 May 1967 as a field wireman
* Company A, 2nd Battalion, 47th Infantry, 9th Infantry Division from 1 June 1967 through 29 February 1968 as a field wireman
* Company E, 50th Infantry, 9th Infantry Division from 1 March to
20 November 1968 as field wireman and an infantryman

4.  General Orders (GO) Number 9769, issued by Headquarters, 9th Infantry Division, on 10 October 1968, awarded him the Army Commendation Medal for meritorious service in Vietnam from March 1968 to October 1968.

5.  GO Number 528, issued by Headquarters, 9th Infantry Division, on 16 January 1969, awarded him the Army Good Conduct Medal (1st Award).

6.  He was honorably released from active duty as an overseas returnee on 21 November 1968 in the rank/grade of sergeant (SGT)/E-5.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows the:

* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal

7.  His records do not contain official documentation, in the form of a general orders, recommendation, memorandum, endorsement, certificate, or any other documentary evidence that shows he was recommended for or awarded the Army Commendation Medal with "V" Device.

8.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command which is 
an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Army Commendation Medal on file for him.
9.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  The bronze "V" Device indicates acts of heroism involving conflict with an armed enemy and is authorized in conjunction with awards of the Army Commendation Medal.

10.  Army Regulation 600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the following six campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* 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)

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 2nd Battalion, 47th Infantry (1 June 1967 to 1 March 1968) this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 June 1968 by Department of the Army General Orders (DAGO) Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1968 by DAGO Number 59, dated 1969

12.  DA Pamphlet 672-3 shows during his service with Company E, 50th Infantry (from 1 March 1968 to 20 November 1968) his unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 June 1968 by DAGO Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 20 December 1967 through 31 January 1969 by DAGO Number 53, dated 1970

13.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded him the Army Good Conduct Medal (1st Award) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  GO awarded each of his units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

3.  The applicant participated in six campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to one silver service star and one bronze service star for wear on his already-awarded Vietnam Service Medal.

4.  With respect to the "V" Device, the evidence of record shows he was awarded the Army Commendation Medal for service, not for heroism.  There is no evidence of record and he provides none to show he was recommended for or awarded a "V" Device with the Army Commendation Medal.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

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:

	a.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver and one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)

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 adding a "V" Device to his already-awarded Army Commendation 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)                                         AR20120006726



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ABCMR Record of Proceedings (cont)                                         AR20120006726



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