IN THE CASE OF:  	  

		BOARD DATE:  12 March 2015	  

		DOCKET NUMBER:  AR20140011139 


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
* correction of the dates of service on his Army Commendation Medal Certificate to show October 1968 to November 1969 instead of November 1968 to October 1969 

2.  The applicant states he served in Vietnam from 17 October 1968 to 20 November 1969 and he was awarded the Army Commendation Medal.  It is not shown on his DD Form 214.  

3.  The applicant provides his DD Form 214 and an Army Commendation Medal Certificate and Citation.

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 records show he was inducted into the Army of the United States on 19 April 1968 and held military occupational specialty 05B (Radio Operator).   

3.  Special Orders (SO) Number 160, issued by Headquarters, U.S. Army Training Center, Fort Leonard Wood, MO, on 8 June 1968 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  He served in Vietnam from on or about 18 October 1968 to on or about 19 November 1969.  He was assigned to Headquarters and Headquarters Troop, 3rd Squadron, 11th Armored Cavalry Regiment. 

5.  General Orders (GO) Number 3687, issued by Headquarters, II Field Force Vietnam, on 1 November 1969, awarded him the Army Commendation Medal for meritorious service from November 1968 to October 1969.  The resulting certificate and citation list the dates of service as November 1968 to October 1969.  

6.  He was honorably released from active duty on 20 November 1969.  His 
DD Form 214 shows he was awarded or authorized the: 

* National Defense Service Medal
* Republic Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Good Conduct Medal

7.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his tenure with Headquarters and Headquarters Troop, 3rd Squadron, 11th Armored Cavalry Regiment in Vietnam, this unit was awarded the:

* Valorous Unit Award for service from 17 to 20 June 1969, based on DAGO Number 53, dated 1970 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 May 1969 to 15 February 1970, based on DAGO Number 50, dated 1971



8.  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.  A silver service star denotes five bronze service stars.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the:

* Vietnam Counteroffensive, Phase V, 1 July 1968 to 1 November 1968
* Vietnam Counteroffensive, Phase VI, 2 November 1968 to 22 February 1969
* Tet 69 Counteroffensive, 23 February 1969 to 8 June 1969
* Vietnam Summer-Fall 1969, 9 June 1969 to 31 October 1969
* Vietnam Winter-Spring 1970, 1 November 1969 to 30 April 1970

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Army Commendation Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The recommendation for award of the Army Commendation Medal is not available for review.  It is unclear if his chain of command recommended him for this award for meritorious service from October 1968 to November 1969 or from November 1968 to October 1969.  Although he arrived in Vietnam in October 1968 and departed in November 1969, this does not mean that the GO that awarded him the Army Commendation Medal and resulting certificate should reflect these exact dates.  In the absence of the recommendation by his chain of command and/or evidence to the contrary, it is presumed the dates on the GO, certificate, and citation are correct.  He provides no evidence that would serve as a basis for changing these dates. 

3.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  GO awarded his unit in Vietnam the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show these unit awards.

5.  He was awarded the Vietnam Service Medal.  Additionally, he participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to a silver service star to be affixed to the Vietnam Service Medal and correction of his DD Form 214 to reflect the service star.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding to his DD Form 214 the:

* Army Commendation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* silver service star to be affixed to his already-awarded Vietnam Service Medal

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 changing the dates on his Army Commendation Medal Certificate. 



      _______ _   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)                                         AR20140011139





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ABCMR Record of Proceedings (cont)                                         AR20140011139



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