BOARD DATE:	  19 August 2014

		DOCKET NUMBER:  AR20130022329 


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 and two Oak Leaf Clusters (OLC) and the Purple Heart.

2.  The applicant states he was awarded these commendations and did not realize they were not contained on his DD Form 214.  He is providing documents to show he was awarded the commendations.

3.  The applicant provides a copy of his DD Form 214 and certificates for award of the Purple Heart and Army Commendation Medal with “V” Device and 1 OLC.

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 on 11 June 1968.  He completed basic training at Fort Dix, New Jersey and advanced individual training as a light weapons infantryman at Fort Polk, Louisiana and he was then transferred to Fort Benning, Georgia to attend the Noncommissioned Officer (NCO) Candidate Course.

3.  He was promoted to the rank of sergeant on 13 February 1969 and was transferred to Fort Polk for his first assignment.

4.  On 13 May 1969, he was transferred to Vietnam for assignment to Company A, 5th Battalion, 60th Infantry Regiment, 9th Infantry Division. 

5.  On 15 July 1969, the applicant was awarded the Army Commendation Medal in General Orders Number 10297, issued by Headquarters, 9th Infantry Division.

6.  On 19 November 1969, he was promoted to the rank of staff sergeant E-6 and on 10 January 1970, he was wounded as a result of enemy action and sustained fragmentation wounds to the head and face.

7.  The applicant was awarded the Army Commendation Medal with “V” Device and 1 OLC in General Orders Number 4721 issued by Headquarters, II Field Force Vietnam on 15 December 1969.

8.  The applicant was awarded the Purple Heart in General Orders Number 9 issued by Headquarters, 3rd Field Hospital on 11 January 1970.

9.  The applicant had participated in three campaigns and was medically evacuated on 10 January 1970 to the 106th General Hospital and then to Walter Reed Army Medical Center in Washington, D.C. where he remained until he was honorably released from active duty (REFRAD) on 17 June 1970 due to the expiration of his term of service.  He had served 2 years and 7 days of active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the Air Medal, Army Commendation Medal with OLC, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device 1960, and the Combat Infantryman Badge. 

10.  A review of the applicant’s official records shows that he had “excellent” conduct and efficiency ratings throughout his service and it is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal.  

11.  There is no evidence of the applicant being awarded a third Army Commendation Medal.

12.  Army Regulation 600-8-22 (Military Awards) states the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.  

14.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in appendix B, will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart and the Army Commendation Medal with “V” Device and 1 OLC and thus is entitled to have these awards entered on his DD Form 214.

2.  The applicant served in three campaigns and thus is entitled to wear three bronze service stars on his already-awarded Vietnam Service Medal and have them entered on his DD Form 214. 

3.  The applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit and he is entitled to have these awards entered on his DD Form 214.

4.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the first award of the AGCM for his service from 11 June 1968 through 17 June 1970.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.

5.  The evidence suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders.  Therefore, in the interest of justice, this error should be corrected and the applicant should be awarded the AGCM at this time. 
6.  However, evidence submitted with his application and the evidence of record fails to show that he was awarded three awards of the Army Commendation Medal.  Therefore, in the absence of evidence to show otherwise, there appears to be no basis to add the award of the Army Commendation Medal with “V” Device and two OLCs to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ___X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Deleting the awards of the Army Commendation Medal with OLC and Vietnam Service Medal from his DD Form 214
* Awarding him the AGCM (1st Award) for his service from 11 June 1968 through 17 June 1970
* Adding the awards of the Army Commendation Medal with “V” Device and 1 OLC, Purple Heart, Vietnam Service Medal with three bronze service stars, AGCM (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214  

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the award of the Army Commendation Medal with “V” Device and two OLC's to his DD Form 214.  






3.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _ 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)                                         AR20130022329



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130022329



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1