IN THE CASE OF:	  

		BOARD DATE:	 17 October 2013 

		DOCKET NUMBER:  AR20130003678 


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, 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) with Oak Leaf Cluster and "V" Device.

2.  The applicant states he received these awards but thinks a clerical mistake in his service number may have caused them not to be entered on his DD Form 214.

3.  The applicant provides copies of the following documents:

* General Orders (GO) Number 4143, 4th Infantry Division, dated 23 July 1968
* Certificate for award of the ARCOM with "V" Device, dated 25 July 1968

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.  On 25 January 1967, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  On 3 June 1967, the applicant departed Fort Jackson, SC, for duty in the Republic of Vietnam (RVN).

4.  On 8 July 1967, he was assigned for duty as a rifleman with B Company, 1st Battalion, 4th Infantry Division.

5.  GO Number 2206, 4th Infantry Division, dated 27 May 1968, announced award of the ARCOM to the applicant for his meritorious service during the period July 1967 to June 1968.

6.  On or about 21 June 1968, the applicant departed the RVN and returned to the United States.

7.  GO Number 4143, 4th Infantry Division, dated 23 July 1968, announced award of the ARCOM with "V" Device to the applicant for his heroism on 5 May 1968 in connection with military operations against an armed hostile force in the RVN.

8.  On 24 January 1969, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 2 years of creditable active duty service.

9.  The applicant's DD Form 214 indicates that he received the following awards:

* Vietnam Service Medal with two bronze service stars
* RVN Campaign Medal
* National Defense Service Medal
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar

10.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were “excellent.”  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal (AGCM).

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the AGCM was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards), states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  It further shows that based on the applicant's dates of service in the RVN, he participated in the following three campaign periods:

* Vietnam Counteroffensive, Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive, Phase IV

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 43, dated in 1970, for award of the Valorous Unit Award; in DAGO Number 53, dated in 1970, for award of the RVN Civil Actions Honor Medal First Class Unit Citation; and in DAGO Number 54, dated in 1974, for award of the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show award of the ARCOM with Oak Leaf Cluster and "V" Device.

2.  General orders show the applicant was awarded two ARCOM's, one for meritorious service and another for heroism.  Therefore, his DD Form 214 should show award of the ARCOM with Oak Leaf Cluster (2nd Award) and "V" Device.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four, receiving multiple awards for heroic and meritorious service and by achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an AGCM for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  Records show that the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is eligible for award of an additional bronze service star to be affixed to his already-awarded Vietnam Service Medal with two bronze service stars.

5.  Records show that the applicant’s unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his DD Form 214 should show this unit award.

6.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should show these two foreign 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.  awarding him the Army Good Conduct Medal for the period from 
25 January 1967 to 24 January 1969;

	b.  deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars; and

	c.  adding to his DD Form 214:

* Army Commendation Medal (2nd Award) with "V" Device
* Army Good Conduct Medal


* Valorous Unit Award
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



__________ _    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)                                         AR20130003678





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ABCMR Record of Proceedings (cont)                                         AR20130003678



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