BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20130021931
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 "V" Device.
2. The applicant states that as a result of administrative error, the Army Commendation Medal with "V" Device was not added to his DD Form 214 at the time of his discharge.
3. He provides the general orders which awarded him the Army Commendation Medal with "V" Device.
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 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 27 October 1966. Upon completion of initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. The applicant provides Headquarters, 1st Infantry Division, General Orders Number 6928, dated 25 September 1967, which awarded him the Army Commendation Medal with "V" Device for heroism while serving in the Republic of Vietnam on 18 July 1967.
4. His records contain a DA Form 20 (Enlisted Qualification Record) which shows in:
a. item 31 (Foreign Service), that he served in the Republic of Vietnam from 30 April 1967 through April 1968; and
b. item 41 (Awards and Decorations), in part, that he was awarded the Army Commendation Medal with "V" Device by General Orders Number 6928, dated 25 September 1967.
5. On 14 November 1968, he was honorably released from active duty after completing 2 years of total active service. His DD Form 214 shows in:
a. item 24c (Foreign and/or Sea Service), he completed 1 year of foreign service; and
b. item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
6. References:
a. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with award of the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Appendix B shows four campaigns were conducted during his period of service in Vietnam.
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
b. 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 unit to which the applicant was assigned was cited for award of the:
(1) Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 through 28 March 1973 in Department of the Army General Orders (DAGO) Number 8, dated 1974; and
(2) Republic of Vietnam Gallantry Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 in DAGO Number 53, dated 1970.
DISCUSSION AND CONCLUSIONS:
1. General orders awarded him the Army Commendation Medal with "V" Device.
Therefore, this service award should be added to his DD Form 214.
2. His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Gallantry Civil Actions Honor Medal First Class Unit Citation for actions during his tenure. Therefore, his DD Form 214 should be corrected to show these unit awards.
3. Records show the applicant participated in four campaigns while serving Vietnam. Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.
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. deleting award of the Vietnam Service Medal from his DD Form 214 and
b. adding the following awards to his DD Form 214:
* Army Commendation Medal with "V" Device
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Gallantry 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) AR20130021931
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130021931
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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