IN THE CASE OF:	  

		BOARD DATE:	  19 June 2014

		DOCKET NUMBER:  AR20130017751 


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 (2nd Oak Leaf Cluster) with "V" Device
* Army Commendation Medal (3rd Oak Leaf Cluster)
* Air Medal

2.  The applicant states the awards were omitted due to an administrative error. 

3.  The applicant provides:

* DD Form 214
* General Orders (GO) Number 759, citation, and certificate showing award of the Army Commendation Medal (3rd Oak Leaf Cluster)
* Certificate showing award of the Army Commendation Medal with "V" Device
* Certificate and citation showing award of the Air Medal

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's records show he was inducted into the Army of the United States on 13 March 1968.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman). 

3.  Special Orders (SO) Number 125, issued by Headquarters, U.S. Army Training Center (Infantry), Fort Bragg, NC, on 4 May 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 

4.  SO Number 261, issued by Headquarters, 5th Infantry Division (Mechanized), Fort Carson, CO, on 17 September 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 

5.  He served in Vietnam from on or about 20 February 1969 to on or about 19 February 1970.  He was assigned to Company B, 6th Battalion, 31st Infantry Regiment, 9th Infantry Division, from 4 March 1969 to 19 February 1970. 

6.  Headquarters, 9th Infantry Division, published the following GO/SO: 

* GO Number 9365, on 8 July 1969, awarding him the Army Commendation Medal for meritorious achievement from February 1969 to June 1969

7.  Headquarters, II Field Force Vietnam, published the following GO:  

* GO Number 2480, on 25 September 1969, awarding him the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious achievement from 26 July to 1 September 1969
* GO Number 3298, on 26 October 1969, awarding him the Air Medal for meritorious achievement from April to August 1969

8.  He was honorably released from active duty on 19 February 1970.  His DD Form 214 shows he was awarded or authorized the: 

* National Defense Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal (1st Oak Leaf Cluster)
* Vietnam Service Medal
* Combat Infantryman Badge
* Good Conduct Medal
* Purple Heart 

9.  He submitted a certificate, dated 28 May 1970, that shows he was awarded the Army Commendation Medal (2nd Oak Leaf Cluster) with "V" Device for heroism in the Republic of Vietnam on 2 January 1970.  However, his records do not contain nor did he provide the GO with this certificate for this award. 

10.  GO Number 759, issued by Headquarters, II Field Force Vietnam, on 25 February 1970, awarded him the Army Commendation Medal (3rd Oak Leaf Cluster) for meritorious service from February 1969 to February 1970. 

11.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	a.  The "V" Device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  

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

12.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Appendix B shows during his service in Vietnam participation credit was awarded for the below named campaigns.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

* Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his period of service in Vietnam with Company B, 6th Battalion, 31st Infantry, this unit was cited or awarded various awards as follows:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from January to June 1969, based on Department of the Army General Orders (DAGO) Number 31, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 29 July 1969 to 20 July 1970 based on DAGO Number 55, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 26 July 1969 to 20 July 1970, based on DAGO Number 59, dated 1969

14.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Army Commendation Medal: 

	a.  GO awarded the applicant three awards of the Army Commendation Medal.  His service records contain three sets of orders, not four, the first was issued by the 9th Infantry Division and the second and third set were issued by Headquarters, II Field Force Vietnam.  The last set of orders awarded him the Army Commendation Medal with 3rd oak leaf cluster (i.e., fourth award) for meritorious service.  

	b.  His records do not contain and he did not provide the GO for the third award which reflected the "V" Device and described his heroic actions.  However, he provides a certificate dated 28 May 1970 that shows he was awarded the Army Commendation Medal (2nd Oak Leaf Cluster) with "V" Device for heroism in the Republic of Vietnam on 2 January 1970.   

	c.  The certificate he provides is consistent with his dates of service in Vietnam, the date of action when compared to the date of departure from Vietnam, the proper sequencing of the oak leaf clusters and the date of issue.  Any doubt should be ruled in his favor.  Therefore, despite the absence of official orders, the certificate is accepted as proof he was awarded the Army Commendation Medal with "V" Device for heroism on 2 January 1970. 

	d.  Therefore, his DD Form 214 should be corrected to show four awards of the Army Commendation Medal, one with a "V" Device. 

2.  GO awarded him the Air Medal.  This award is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. 

3.  He was awarded the Vietnam Service Medal.  He also participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly. 

4.  GO awarded his unit in Vietnam two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  The applicant was last awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  He is entitled to correction of his DD Form 214 to show this badge. 

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 (1st Oak Leaf Cluster) and Vietnam Service Medal
* adding to his DD Form 214 the:

* Army Commendation Medal (4th Award) and "V" Device
* Air Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)



      _______ _   _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)                                         AR20130017751



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ABCMR Record of Proceedings (cont)                                         AR20130017751



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