IN THE CASE OF:	  

		BOARD DATE:	  7 January 2014

		DOCKET NUMBER:  AR20130008222 


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 with 2nd Oak Leaf Cluster (OLC).

2.  The applicant states he was awarded the Army Commendation Medal with 2nd OLC on or about October 1969.  

3.  The applicant provides copies of his amended Army Commendation Medal with "V" Device and Second OLC orders and 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 24 April 1968.  He completed training and was awarded military occupational specialty 11B (light weapons infantryman).  He served in Vietnam from 22 September 1968 through 16 September 1969, during four campaigns.  He was assigned to Company D, 2nd Battalion, 27th Infantry, 25th Infantry Division.   

3.  The following General Orders (GO) were issued by Headquarters, 25th Infantry Division:

* GO Number 4079, on 27 March 1969, awarding him the Army Commendation Medal with "V" Device and 1st OLC for heroism in connection with military operations against a hostile force in Vietnam on 25 February 1969
* GO Number 12461, on 3 October 1969, amending orders number 4079 to show award of the Army Commendation Medal with "V" Device and 2nd OLC

4.  On 6 January 1970, he accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice, for absenting himself from his unit from on or about 31 December 1969 to on or about 6 January 1970.  

5.  He was honorably released from active duty in pay grade E-5 on 30 March 1970 and was transferred the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 1 year, 11 months, and 2 days of net active service and 5 days of time lost.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Army Commendation Medal with "V" Device and 1st OLC
* Bronze Star Medal with "V" Device and 1st OLC
* two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bars (M-16) and (M-14)

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

   a.  Item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of any commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.
   b.  Item 41 (Awards and Decorations) the same awards shown on his DD Form 214.

7.  Army Regulation 672-5-1 (Decorations and 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 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.  

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows during his period of service with the 2nd Battalion, 27th Infantry, this unit was cited for the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 September 1968 through 30 September 1970, by Department of the Army GO (DAGO) Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 January 1966 through 21 January 1970, by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Army Commendation Medal with "V" Device and 2nd OLC during his period of service in Vietnam.  Therefore, he is entitled to correction to his DD Form 214 to show this award.

2.  The evidence of record shows the applicant received all "excellent" conduct and efficiency ratings throughout his service with no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  There is evidence of minor indiscipline; however, this minor indiscipline should not overshadow the successful completion of his term of service.  He attained the rank of pay grade E-5, served in Vietnam and was awarded the Army Commendation Medal with "V" Device and Bronze Star Medal with “V” Device, and he completed his term of service.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 24 April 1968 through 30 March 1970 and to correct his DD Form 214 to show this award.

3.  The applicant participated in four campaigns during his 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 the award of these service stars.

4.  GO awarded his unit in Vietnam 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 service.  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:

* deleting from his DD Form 214 the Army Commendation Medal with "V" Device and 1st Oak Leaf Cluster and the Vietnam Service Medal
* awarding him the Army Good Conduct Medal (1st Award) for the period
24 April 1968 through 30 March 1970
* adding to his DD Form 214 the:

* Army Commendation Medal (2nd Oak Leaf Cluster) and with "V" Device
* Army Good Conduct Medal (1st Award)










* Vietnam Service Medal with four 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)                                         AR20130008222





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ABCMR Record of Proceedings (cont)                                         AR20130008222



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