IN THE CASE OF:  

		BOARD DATE:  25 November 2014	  

		DOCKET NUMBER:  AR20140006285 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his awards of the Bronze Star Medal with “V” Device, Army Commendation Medal, and Purple Heart.

2.  The applicant states his DD Form 214 does not reflect his awards of the Bronze Star Medal with “V” Device, Army Commendation Medal, and Purple Heart.

3.  The applicant provides copies of orders awarding him the Bronze Star Medal with "V" Device and one oak leaf cluster (1OLC), Purple Heart, Army Commendation Medal, DD Form 214, and a Citation for award of 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 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 enlisted in the Regular Army on 21 April 1969 for a period of     3 years and training as a wheel vehicle mechanic.  He completed his basic training at Fort Knox, Kentucky and his advanced individual training at Fort Leonard Wood, Missouri and Fort Sill, Oklahoma before being transferred to Vietnam on 4 November 1969 for assignment to Company B, 1st Battalion, 5th Infantry Regiment, 25th Infantry Division as a track vehicle mechanic.

3.  He served in three campaigns and departed Vietnam on 19 October 1970 for assignment to Germany on 17 December 1970.  He departed Germany on 
8 January 1972 and was honorably released from active duty (REFRAD) on 
11 January 1972.  He had served 2 years, 9 months, and 21 days of total active service.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and the Army Commendation Medal, Bronze Star Medal, 2 overseas service bars, and his marksmanship badges.

4.  The applicant has provided orders which show he was awarded the Purple Heart, Bronze Star Medal with “V” Device and 1OLC, and the Army Commendation Medal for meritorious service.  His award for the Bronze Star Medal with “V” Device is for heroism on 6 March 1970.

5.  The applicant also provides a citation for award of the Army Commendation Medal for heroism on 6 March 1970; however, the applicant has not provided and his records do not contain orders awarding him the Army Commendation Medal with “V” Device.

6.  A review of his records shows that the applicant had all "excellent" conduct and efficiency ratings throughout his service and is void of derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM). 

7.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.

8.  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 applicant’s unit was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

10.  Army Regulation 600-8-22 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.

11.  Army Regulation 600-8-22 states only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart and Bronze Star Medal with “V” Device and 1OLC, and he is entitled to have those awards reflected on his DD Form 214.

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

3.  Records show the applicant received all "excellent" conduct and efficiency ratings throughout his service.  His records do not contain any derogatory 
information or a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award).

4.  Additionally, the applicant’s unit was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 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 those awards added to his DD Form 214.

5.  However, the citation provided by the applicant for award of the Army Commendation Medal for heroism is not supported by orders and in all likelihood it was an interim award until the award of the Bronze Star Medal with “V” Device was awarded.  This conclusion is based on the fact that it was for the same action on 6 March 1970, for which the Bronze Star Medal with “V” Device was awarded, and the fact that only one award may be awarded for the same action.  Accordingly, there is no basis to add the award of the Army Commendation Medal with “V” Device 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: 

* Awarding him the AGCM (1st Award) for the period 21 April 1969 through 
   11 January 1972
* Deleting the entries “Vietnam Service & Campaign Medals” and “Bronze Star Medal” from his DD Form 214
* adding to his DD Form 214 the:

* AGCM (1st Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* Bronze Star Medal with “V” Device and 1OLC
* 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 adding the award of the Army Commendation Medal with “V” Device 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)                                         AR20140006285





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ABCMR Record of Proceedings (cont)                                         AR20140006285



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