IN THE CASE OF:	  

		BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140004457 


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 he was awarded three Army Commendation Medals (ARCOM (3rd Award)) and the Air Medal with "V" Device. 

2.  He states his records are lost, but it should reflect that he was awarded the ARCOM on three occasions:  once for his tour of duty with the 1st Battalion,     8th Field Artillery Regiment in the Republic of Vietnam (RVN) from October 1967 to March 1969; a second time for his tour of duty with the 7th Battalion, 8th Field Artillery Regiment in the RVN from April 1970 to June 1971; and a third time for his tour of duty with the 2nd Battalion, 11th Field Artillery Regiment, 25th Infantry Division in Hawaii.  He was awarded the Air Medal with "V" Device in a ceremony at Headquarters and Headquarters Battery (HHB), 25th Infantry Division Artillery (DIVARTY). 

3.  He provides:

* a self-authored statement
* DD Form 214
* DA Form 66 (Officer Qualification Record) 
* General Orders Number 431, issued by Headquarters, 25th Infantry Division on 15 August 1973



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 military records covering the period he served in the RVN are not available to the Board for review.  This case is being considered using his DD Form 214, DA Form 20 (Enlisted Qualification Record), and DA Form 66.

3.  Records available to the Board show that after serving as an enlisted Soldier, he was honorably discharged to accept a commission as a Reserve second lieutenant on 18 April 1967.  

4.  Item 17 (Foreign Service) of his DA Form 66 shows he served two tours in the RVN.  He served from 7 October 1967 through 23 April 1969, when he was assigned to the 1st Battalion, 8th Artillery Regiment, 25th Infantry Division, and from 26 April 1970 through 29 July 1971, when he was assigned to the 7th Battalion, 8th Artillery Regiment, 25th Infantry Division.

5.  On 5 September 1973, he was honorably released from active duty and transferred to the U.S. Army Reserve after completing 7 years, 11 months, and 
1 day of total active service.  His DD Form 214 shows he was awarded or authorized the:

* Bronze Star Medal (1st Oak Leaf Cluster)
* Purple Heart
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Aircraft Crewman's Badge

6.  General Orders Number 5110, issued by Headquarters, 25th Infantry Division on 8 April 1969, awarded him the Air Medal with "V" Device for heroism while participating in aerial flight on 4 March 1969 in the RVN. 

7.  General Orders Number 431, issued by Headquarters, 25th Infantry Division on 15 August 1973, awarded him the ARCOM (1st Oak Leaf Cluster) (currently identified as (2nd Award)) for exceptional meritorious service during the period 25 August 1972 to 6 July 1973. 

8.  There are no orders in his military personnel record that show he was awarded the ARCOM (2nd Oak Leaf Cluster or 3rd Award).  Additionally, the ARCOM (2nd Oak Leaf Cluster or 3rd Award) is not listed on his DA Form 66. 

9.  Army Regulation 600-8-22 (Military Awards) provides that the ARCOM 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, distinguished 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.  An Oak Leaf Cluster is authorized for wear for each additional award of the ARCOM.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the 25th Infantry Division, to which the applicant was assigned, was cited for the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 48, dated 1971, and the RVN Civil Actions Honor Medal First Class Unit Citation by DAGO 51, dated 1971.  

11.  Appendix B of Army Regulation 600-8-22 states a bronze service star is awarded for wear on the VSM for participation in each campaign.  A silver service star is worn instead of five bronze service stars.  His records indicate he participated in the following campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July 1971 - 30 November 1971)

DISCUSSION AND CONCLUSIONS:

1.  General orders verify the applicant was awarded the Air Medal for heroism.  His act of heroism authorizes him the "V" device in conjunction with his award of the Air Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  General orders awarded him the ARCOM (2nd Award).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record shows he participated in ten campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show award of two silver service stars to be worn on his already-awarded VSM.

4.  The evidence of record shows he is authorized to wear the RVN Gallantry Cross with Palm Unit Citation and the RVN 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.  His contention that he was awarded the ARCOM (3rd Award) is acknowledged; however, there is no official documentation showing he received this award.  In the absence of such evidence, there is no basis for granting this portion of the request relief.

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 amending his DD Form 214 for the period ending 5 September 1973 to delete the Vietnam Service Medal and add the:
   
* Air Medal with "V" Device
* Army Commendation Medal (2nd Award)
* Vietnam Service Medal with two silver service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 the Army Commendation Medal (3rd Award).




      _______ _   _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)                                         AR20140004457





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140004457



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1