IN THE CASE OF:	  

		BOARD DATE:	  3 February 2015

		DOCKET NUMBER:  AR20140009826


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 the Army Commendation Medal (ARCOM) (First Oak Leaf Cluster) with "V" Device.

2.  The applicant states it is in the interest of justice to have his ARCOM (First Oak Leaf Cluster) with "V" Device annotated on his DD Form 214 and/or          DD Form 215 (Correction to DD Form 214).  

3.  The applicant provides his DD Form 214 and a copy of General Orders Number 6460, dated 23 September 1971, which awarded him the ARCOM 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 was inducted into the Army of the United States on 12 February 1970.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from on or about 28 July 1970 to on or about 16 September 1971.  

4.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his period of service in the Republic of Vietnam, he was assigned to:

   a. Troop D, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division, from on or about 2 August 1970 to 9 February 1971 as a Rifleman; and 
   
   b. Troop F (Air), 4th Cavalry Regiment, 1st Aviation Brigade from on or about 10 February 1971 to 14 September 1971 as a Rifleman and Grenadier.  

5.  A review of his records indicates that he was awarded the ARCOM on the following occasions:

* General Orders Number 137, dated 18 January 1971, awarded him the ARCOM for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam, during the period        28 July 1970 to 30 December 1970
* General Orders Number 4490, dated 5 June 1971, awarded him the ARCOM for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam, during the period July 1970 to July 1971
* General Orders Number 5799, dated 11 August 1971, awarded him the ARCOM for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam, during the period September 1970 to September 1971

6.  On 18 September 1971, he was honorably released from active duty.  His DD Form 214 shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal 
* ARCOM
* Good Conduct Medal

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, revealed that General Orders Number 6460, dated 23 September 1971, awarded him the ARCOM with "V" Device for heroism on 5 July 1971.  

8.  His record indicates he is entitled to additional awards which are not shown on his DD Form 214.

9.  Special Orders Number 153, Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, dated 6 June 1970, awarded him the following marksmanship badges:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Machinegun Bar      (M-60)
* Expert Marksmanship Qualification Badge with Tank Weapons Bar (M-79)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Cal)

10.  Special Orders Number 291, Headquarters, 25th Infantry Division, dated    18 October 1970, awarded him the Combat Infantryman Badge with an effective date of 13 October 1970.

11.  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.  Table B-1 shows during his service in Vietnam, campaign participation was awarded for the following two campaigns:  the Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971) and the    Consolidation I (1 July 1971 – 30 November 1971).

12.  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 Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 29 June 1970 through 30 September 1970, by Department of the Army General Orders Number 5, dated 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the ARCOM with "V" Device. 

2.  General orders on four different occasions awarded him the ARCOM.  However, only one award is reflected on his DD Form 214 and the ARCOM with "V" Device is not reflected.  Therefore, it would be appropriate to correct his       DD Form 214 to show he was awarded the ARCOM (4th Award) with "V" Device.

3.  Special orders awarded him the Combat Infantryman Badge; therefore, it would be appropriate to correct his DD Form 214 to reflect it. 

4.  Special orders awarded him the following individual marksmanship awards:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Machinegun Bar      (M-60)
* Expert Marksmanship Qualification Badge with Tank Weapons Bar (M-79)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Cal)

5.  These marksmanship awards are not shown on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show them.

6.  He participated in 2 campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to 2 bronze service stars for wear on his previously-awarded Vietnam Service Medal and to correction of his DD Form 214 to show these bronze service stars.

7.  General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This unit award is not reflected on his DD Form 214; therefore, he is entitled to correction of his    DD Form 214 to reflect it.  

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 amending his DD Form 214 to delete the Vietnam Service Medal and the Army Commendation Medal and by adding the:

* Army Commendation Medal (4th Award) with "V" Device 
* Combat Infantryman Badge 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Machinegun Bar      (M-60)
* Expert Marksmanship Qualification Badge with Tank Weapons Bar   (M-79)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Cal)
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20140009826



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