IN THE CASE OF:

		BOARD DATE:  12 November 2013

		DOCKET NUMBER:  AR20130004398


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 Bronze Star Medal with 1st and 2nd Oak Leaf Cluster and the Army Commendation Medal with 1st and 2nd Oak Leaf Cluster.

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

3.  The applicant provides:

* DD Form 214
* Bronze Star Medal with "V" Device Certificate and orders
* Bronze Star Medal with 2nd Oak Leaf Cluster Certificate, Citation, and orders
* Air Medal Certificates and Citations
* Army Commendation Medal with "V" Device Certificate and orders
* Army Commendation Medal with 1st Oak Leaf Cluster Certificate and Citation, dated 23 December 1969
* Army Commendation Medal with 1st Oak Leaf Cluster Certificate, dated 11 August 1970
* Combat Infantryman Badge orders

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 19 March 1969.  He held military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) that he was assigned to the 5th Battalion, 60th Infantry, 3rd Brigade, 9th Infantry Division, in Vietnam from 2 September 1969 through 15 August 1970; and

	b.  item 41 (Awards and Decorations) that he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Army Commendation Medal with "V" Device
* Army Commendation Medal with 1st Oak Leaf Cluster
* Bronze Star Medal with "V" Device
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal (3rd Award)
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and 
M-16)

4.  All his conduct and efficiency ratings were "excellent" with the exception of the period 2-16 September 1969 which is marked as "unknown."

5.  He was honorably released from active duty on 18 March 1971 in the rank of sergeant/E-5.  He completed 2 years of active duty service.

6.  His DD Form 214 shows his awards as the:

* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal with "V" Device
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Combat Infantryman Badge
* Bronze Star Medal with "V" Device
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal (1st, 2nd, and 3rd Award)

7.  His records do not contain orders for any awards that are not already recorded on his DA Form 20 or DD Form 214.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for any awards pertaining to the applicant that are not already recorded on his DA Form 20 or DD Form 214.

9.  In support of his request, he provided copies of:

* Army Commendation Medal with "V" Device Certificate, dated 23 November 1969, for heroism in the Republic of Vietnam on 20 October 1969
* Headquarters, II Field Force Vietnam, General Orders Number 4361, dated 25 November 1969, showing he was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 20 October 1969
* Air Medal Certificate, dated 8 December 1969, for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 19 August 1969 to 14 November 1969
* Air Medal Citation for the period 19 August 1969 to 14 November 1969
* Army Commendation Medal with 1st Oak Leaf Cluster Certificate, dated 23 December 1969, for meritorious achievement in the Republic of Vietnam during the period 19 August to 8 December 1969
* Army Commendation Medal with 1st Oak Leaf Cluster Citation for the period 19 August to 8 December 1969
* Bronze Star Medal with "V" Device Certificate, dated 27 December 1969, for heroism in ground combat on in the Republic of Vietnam on 21 November 1969
* Headquarters, II Field Force Vietnam, General Orders Number 4935, dated 29 December 1969, showing he was awarded the Bronze Star Medal with "V" Device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 21 November 1969
* Air Medal (2nd and 3rd Award) Certificate, dated 29 July 1970, for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 17 November 1969 to 16 June 1970
* Air Medal (2nd and 3rd Award) Citation for the period 17 November 1969 to 16 June 1970
* Army Commendation Medal with 1st Oak Leaf Cluster Certificate, dated 11 August 1970, for meritorious achievement in the Republic of Vietnam during the period 9 December 1969 to 19 June 1970
* Army Commendation Medal with 1st Oak Leaf Cluster Citation for the period 9 December 1969 to 19 June 1970
* Headquarters, II Field Force Vietnam, General Orders Number 3256, dated 12 August 1970, showing he was awarded the Bronze Star Medal with 2nd Oak Leaf Cluster for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period August 1969 to August 1970
* Bronze Star Medal with 2nd Oak Leaf Cluster Certificate, dated 12 August 1970, for meritorious achievement in ground operations against hostile forces the Republic of Vietnam during the period August 1969 to August 1970
* Bronze Star Medal with 2nd Oak Leaf Cluster Citation for the period August 1969 to August 1970

10.  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 the 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

11.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign the individual participated in.  During his service in Vietnam, the applicant participated in the following four campaigns:

* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 5th Battalion, 60th Infantry Regiment, was cited for award of the:

	a.  Valorous Unit Award for the period 1 May-29 June 1970 in Department of the Army General Orders (DAGO) Number 43, dated 1972;

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1969-20 July 1970 in DAGO Number 55, dated 1971; and

	c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 26 July 1969-20 July 1970 in DAGO Number 55, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  In addition to the awards posted to his DD Form 214, his DA Form 20 shows he was awarded the Army Commendation Medal with 1st Oak Leaf Cluster.

2.  He provided orders showing he was awarded two Bronze Star Medals.

3.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his "excellent" conduct and efficiency ratings, honorable release from active duty, advancement to sergeant, and receipt of several personal decorations.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal.

4.  He also participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  During the applicant's service in Vietnam his unit was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

6.  His DD Form 214 should be corrected to show these awards.

7.  The applicant requested correction of his DD Form 214 to show he was awarded a total of three Bronze Star Medals and three Army Commendation Medals.  There are no orders showing he was awarded more than two of each of the medals.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 19 March 1969 to 18 March 1971 

	b.  deleting from his DD Form 214 the Army Commendation Medal with "V" Device and the Bronze Star Medal with "V" Device and

	c.  adding the following awards to his DD Form 214:

* Bronze Star Medal (2nd Award) and with "V" Device
* Army Commendation Medal (2nd Award) and with "V" Device
* Army Good Conduct Medal (1st Award)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* four bronze service stars for wear on his already-awarded Vietnam Service Medal

2.  The Board further determined 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 correcting his DD Form 214 to show he 


was awarded an additional Bronze Star Medal and an additional 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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20130004398



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