BOARD DATE:	  22 July 2014

		DOCKET NUMBER:  AR20130021067 


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, in effect, correction of the spelling of his last name on his orders and award certificate for the Army Commendation Medal and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  The applicant states his orders and certificate for award of the Army Commendation Medal incorrectly show his last name spelled with an "o," not a "u."  This is most likely the reason it was not included on his DD Form 214.  He did not realize the omission occurred until he received a National Personnel Records Center (NPRC) letter in November 2013.

3.  The applicant provides copies of his Army Commendation Medal Certificate, Citation, and orders and an NPRC letter authorizing reissuance of his awards.

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 served on active duty in the Army of the United States from 13 December 1967 through 28 August 1969.  He served in Vietnam with Headquarters and Headquarters Company, 1st Battalion, 14th Infantry Regiment, 4th Infantry Division, from 10 September 1968 through 20 August 1969.

3.  Headquarters, 4th Infantry Division, General Orders Number 3721, dated 5 July 1969, awarded the applicant the Army Commendation Medal.  The orders show his last name spelled as C___org with his correct social security number.  The accompanying award certificate and citation also show his last name spelled as C___org.

4.  The applicant's DD Form 214 lists his authorized awards as the National Defense Service Medal, Army Good Conduct Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, and Expert Marksmanship Qualification Badge with Rifle Bar.

5.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized based on qualifying service for each designated campaign listed in appendix B.  Authorized service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, participation credit was awarded for the following four campaigns:

* Counteroffensive Phase V – 1 July 1968-1 November 1968
* Counteroffensive Phase VI – 2 November 1968-22 February 1969
* Tet 69 Counteroffensive 1969 – 23 February 1969-8 June 1969
* Vietnam Summer-Fall 1969 – 9 June 1969-31 October 1969

6.  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 1st Battalion, 14th Infantry Regiment, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (twice) and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while the applicant was assigned to the unit.

7.  Not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal on 5 July 1969.  However, both the orders and the award certificate spelled his name incorrectly and the award was not included on his DD Form 214.  It would be appropriate to correct the spelling of his last name on the award orders, issue him a new award certificate and citation with the correct spelling of his last name, and add the Army Commendation Medal to his authorized awards listed on his DD Form 214.

2.  The applicant served in Vietnam during four campaigns and is authorized to wear four bronze service stars on his Vietnam Service Medal.  It would be appropriate to correct his DD Form 214 to show these appurtenances.

3.  The applicant is also authorized award of Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  It would be appropriate to add these awards to his DD Form 214.

BOARD VOTE:

___X_____  ___X_____  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  amending Headquarters, 4th Infantry Division, General Orders Number 3721, dated 5 July 1969, to show the spelling of his last name as C___urg;

	b.  issuing him a replacement Army Commendation Medal Certificate and citation spelling his last name as C___urg;

	c.  deleting award of the Vietnam Service Medal from his DD Form 214; and

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

* 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



      ___________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)                                         AR20130021067



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ABCMR Record of Proceedings (cont)                                         AR20130021067



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