IN THE CASE OF:	  

		BOARD DATE:	  29 April 2014

		DOCKET NUMBER:  AR20130013336 


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 the:  

* Army Commendation Medal with "V" Device
* Army Commendation Medal with "V" Device (2nd Oak Leaf Cluster), properly known as the Army Commendation Medal (3rd Award) with "V" Device

2.  The applicant states these awards of the Army Commendation Medal with "V" Device were not properly annotated on his DD Form 214.

3.  The applicant provides two 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 was inducted into the Army of the United States on 9 July 1968 and he held military occupational specialty 13B (Cannon Crewmember).  He served in Vietnam from 8 December 1968 to 7 December 1969 while assigned to the 2nd Battalion, 4th Artillery Regiment, 9th Infantry Division (ID).  He attained the rank/grade of sergeant (SGT)/E-5 on 21 October 1969.

3.  His records contain the following General Orders (GO) issued by Headquarters (HQ), 9th ID:

* GO Number 2428, dated 2 March 1969, awarding him the Army Commendation Medal with "V" Device for heroism in action on 6 February 1969
* GO Number 6192, dated 31 May 1969, awarding him the Army Commendation Medal (2nd Award) for outstanding achievement from December 1968 to May 1969
* GO Number 9229, dated 8 July 1969, awarding him the Army Commendation Medal (3rd Award) with "V" Device for heroism in action on 7 June 1969

4.  His records also contain GO Number 4002, dated 13 November 1969, issued by HQ, II Field Force Vietnam, amending GO Number 3818 to show he was awarded the Army Commendation Medal (4th Award) vice the Bronze Star Medal.  GO Number 3818 is not available for review with this case.

5.  He was honorably released from active duty on 8 July 1970 in the rank of SGT and he was transferred to the U.S. Army Reserve.  He completed 2 years of creditable active service with no lost time.

6.  The DD Form 214 he was issued shows the:  

* National Defense Service Medal 
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal
* Army Commendation Medal (4th Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  

8.  Item 41 (Awards and Decorations) of his DA Form 20 also shows award of the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60), Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and two overseas service bars.

9.  His records are void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

11.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in four campaigns.

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

	c.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal. 

12.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 4th Artillery was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 January through 30 June 1969, by DAGO Number 59, dated 1971.



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded two awards of the Army Commendation Medal with "V" Device and two additional awards of the Army Commendation Medal during his service in Vietnam while his DD Form 214 reflects the Army Commendation Medal (4th Award).  Therefore, he is entitled to correction his DD Form 214 to show the Army Commendation Medal (4th Award) with "V" Device. 

2.  With respect to the correction of his DD Form 214 to show the Army Commendation Medal with "V" Device and Army Commendation Medal (3rd Award) with "V" Device, governing regulations state the oak leaf cluster denotes the second and subsequent awards of the Army Commendation Medal and only one "V" Device may be worn on the Army Commendation Medal.  As his DD Form 214 is being corrected to show the Army Commendation Medal (4th Award) with "V" Device, no additional correction is required. 

3.  The evidence of record confirms he served honorably from 9 July 1968 to 8 July 1970.  He served with distinction in Vietnam and he received all “excellent” conduct and efficiency ratings throughout his service.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.

4.  His record confirms during his service in Vietnam he participated in four campaigns while his DD Form 214 reflects the Vietnam Service Medal with two bronze service stars.  Therefore, he is entitled to two additional bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

5.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award. 

6.  He was awarded the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60), Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and two overseas service bars which are not shown on his DD Form 214.  Therefore, his is entitled to correction of his DD Form 214 accordingly.



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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 9 July 1968 through 8 July 1970
* deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars and “Army Commendation Medal w/3 Oak Leaf Clusters”
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal (4th Award) with “V” Device
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars




      _______ _   _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)                                         AR20130013336





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ABCMR Record of Proceedings (cont)                                         AR20130013336



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