IN THE CASE OF:	  

		BOARD DATE:	    8 August 2013

		DOCKET NUMBER:  AR20120022783 


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 award of the:

* Army Commendation Medal (ARCOM) (3rd Award) and with "V" device
* Republic of Vietnam Gallantry Cross with Bronze Star

2.  The applicant states his DD Form 214 does not show all of his awards.

3.  The applicant provides:

* Republic of Vietnam Gallantry Cross with Bronze Star Certificate (in Vietnamese)
* Extract of citation
* General Orders Number 5284, issued by Headquarters, 9th Infantry Division, dated 5 May 1969, and ARCOM with "V" Device Certificate
* General Order Number 9932, issued by same headquarters, 9th Infantry Division, undated and ARCOM (2nd oak leaf cluster) and with "V" Device Certificate
* General Order Number 10618, issued by the same headquarters, dated 19 July 1969, and ARCOM (3rd oak leaf cluster) and with "V" Device Certificate


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 7 August 1968.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  Special Orders Number 243, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, dated 25 September 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Special Orders Number 339, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, WA, dated 5 December 1968, awarded him the 1st Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Mortar Bar.

5.  General Orders Number 5276, issued by Headquarters, 9th Infantry Division, dated 5 May 1969, awarded him the ARCOM for outstanding achievement in Vietnam during the period January 1969 to April 1969.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* Item 38 (Record of Assignments), he was assigned to Company D, 2nd Battalion, 60th Infantry, 9th Infantry Division during the period
23 January through 30 July 1969 while in Vietnam
* Item 38, he received all "excellent" conduct and efficiency ratings throughout his service
* Item 41 (Awards and Decorations):

*	National Defense Service Medal


* Vietnam Service Medal
*	Combat Infantryman Badge
*	Silver Star
*	Army Commendation Medal with "V" Device
*	Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  General Orders Number 9699, issued by Headquarters, 9th Infantry Division, dated 10 July 1969, awarded him the Bronze Star Medal with "V" Device for heroism in Vietnam on 3 July 1969.

8.  The applicant's record contains a letter, issued by Headquarters, U.S. Army Vietnam, subject:  Authorization for Individual Foreign Award, dated
15 December 1969, authorizing him to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star presented by the Government of the Republic of Vietnam.

9.  The applicant provides, in part:

* General Orders Number 5284, dated 5 May 1969, awarding him the ARCOM with "V" Device for heroism in Vietnam on 29 April 1969
* General Order Number 9932, undated, awarding him the ARCOM (3rd Award) and with "V" Device for heroism in Vietnam on 13 June 1969
* General Order Number 10618, dated 19 July 1969, awarding him the ARCOM (4th Award) and with "V" Device for heroism in Vietnam on 12 July 1969

10.  There is no evidence of any derogatory information or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.

11.  On 1 June 1970, he was honorably released from active duty by reason of school release and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.  He completed 1 year, 9 months, and 25 days of total active service.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Commendation Medal with "V" Device and OLC (Oak Leaf Cluster)


* Bronze Star Medal
* Silver Star

12.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, combat and special skill badges, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  paragraph 2-13 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET 69 Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969)

	b.  the bronze “V” Device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with certain awards, including the Bronze Star Medal and the Army Commendation Medal.  Although more than one award of the these awards may be made for heroism to the same person, only one “V” Device may be worn on awards of these medals.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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.  There must have been no convictions by a court-martial.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  This pamphlet:

	a.  shows the 2nd Battalion, 60th Infantry was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January through June 1969 by Department of the Army General Order (DAGO) Number 59, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 20 July 1970 by DAGO Number 55, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 26 July 1969 through 20 July 1970 by DAGO Number 55, dated 1971

	b.  states in paragraph 6 (Miscellaneous Information) 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.

15.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) stated the Republic of Vietnam Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy.  The more gallant and noteworthy the act, the higher the level of the award.  This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star.  Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of United States Army, Vietnam.  As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show, in effect, all of his authorized awards was carefully considered and determined to have merit.

2.  General orders awarded the applicant the Bronze Star Medal with "V" Device for heroism; however, his DD Form 214 only reflects the Bronze Star Medal.  Therefore, his DD Form 214 should be corrected to include the "V" Device.


3.  General orders award the applicant four awards of the Army Commendation Medal.  Although three awards were for heroism, he is only entitled to wear one "V" Device on this award.  However, his DD Form 214 should be corrected to show the Army Commendation Medal (4th Award) and with "V" Device.

4.  Evidence shows the applicant was awarded and authorized to wear the Republic of Vietnam Gallantry Cross with Bronze Star presented by the Government of the Republic of Vietnam.  Therefore, his DD Form 214 should be corrected to show this foreign award.

5.  The applicant's unit was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of 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.

6.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.  He also received all "excellent" conduct and efficiency ratings throughout his service.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 7 August 1968 through 1 June 1970 and to correct his DD Form 214 to show this award.

7.  The applicant participated in three campaigns during his service in Vietnam, that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

8.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Mortar Bar.  Therefore, his DD Form 214 should be corrected to show these marksmanship badges.

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 the:

* Bronze Star Medal
* Army Commendation Medal with "V" Device and oak leaf cluster
* Vietnam Service Medal

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 7 August 1968 through 1 June 1970; and

	c.  adding to his DD Form 214 the:

* Bronze Star Medal with "V" Device
* Army Commendation Medal (4th Award) with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Bronze 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)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Mortar Bar



      _______ _   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)                                         AR20120022783



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ABCMR Record of Proceedings (cont)                                         AR20120022783



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