IN THE CASE OF:	  

		BOARD DATE:	    12 November 2013

		DOCKET NUMBER:  AR20130004916 


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 a second award of the Army Commendation Medal (ARCOM) and Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states:

* his DD Form 214 should show two awards of the ARCOM and BSM
* his DD Form 214 does not properly reflect awards he received for his service in Vietnam 

3.  The applicant provides:

* orders for the ARCOM with "V" Device (First Oak Leaf Cluster)
* Department of Veterans Affairs Rating Decision
* DD Form 214

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 13 March 1969.  He arrived in Vietnam on 26 September 1969.  He served as a medic assigned to Headquarters and Headquarters Company, 3rd Battalion, 
22nd Infantry of the 25th Infantry Division in Vietnam from 3 October 1969 to 
13 October 1970.  On 14 October 1970, he was honorably released from active duty in the rank of specialist four after completing 1 year, 7 months, and 2 days of creditable active service with no time lost.  

3.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* BSM
* ARCOM
* Combat Infantryman Badge
* Combat Medical Badge
* Silver Star
* Air Medal

4.  Orders, dated 5 January 1970, show he received the ARCOM with "V" Device for heroism on 10 December 1969 in Vietnam.

5.  Orders, dated 21 February 1970, show he received the ARCOM with "V" Device (First Oak Leaf Cluster) for heroism on 9 January 1970 in Vietnam.

6.  Orders, dated 1 April 1970, show he received the BSM for meritorious achievement for the period 1 January 1970 to 28 February 1970.

7.  Orders, dated 25 July 1970, show he received the BSM (First Oak Leaf Cluster) for meritorious service for the period September 1969 to September 1970. 

8.  Records show he participated in four campaigns during his assignment in Vietnam.


9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  His DA Form 20 (Enlisted Qualification) shows he received all "excellent" conduct and efficiency ratings throughout his service.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 3rd Battalion, 22nd Infantry was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation in Department of the Army General Orders (DAGO) Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation in DAGO Number 51, dated 1971

11.  Army Regulation 600-8-22 (Military Awards) states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the ARCOM and BSM.

12.  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.  There must have been no convictions by a court-martial.

13.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows one award of the ARCOM, but orders show he received the ARCOM with "V" Device (First Oak Leaf Cluster).  Therefore, his DD Form 214 should be corrected to show two awards of the ARCOM with "V" Device.

2.  His DD Form 214 shows one award of the BSM, but orders show he received the BSM (First Oak Leaf Cluster).  Therefore, his DD Form 214 should be corrected to show two awards of the BSM.   
3.  He was honorably released from active duty in the rank of specialist four with 19 months of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 13 March 1969 through 14 October 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

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

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 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.

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 first award of the Army Good Conduct Medal for the period 13 March 1969 through 14 October 1970;

	b.  deleting the entries "BRONZE STAR MEDAL" and "ARMY COMMENDATION MEDAL" from his DD Form 214; and

	c.  adding the Army Commendation Medal with "V" Device (2nd Award), Bronze Star Medal (2nd Award), Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.

	 


      _______ _ 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)                                         AR20130004916





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ABCMR Record of Proceedings (cont)                                         AR20130004916



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