IN THE CASE OF:	  

		BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140011949 


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, in effect, 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 and the Army Commendation Medal with "V" Device.

2.  The applicant states while recovering from his wounds in the 36th Evacuation Hospital, Republic of Vietnam, the Commanding General, 101st Airborne Division came through and awarded medals.  The applicant received an Army Commendation Medal with "V" Device pinned to his pillow.  Nothing was ever recorded and he has nothing to substantiate the award although he has the medal and case.  He further states that all of his records were destroyed by the time he returned to the Republic of Vietnam in June 1968.

3.  The applicant provides

* a letter from a Member of Congress
* DA Form 3354-R (Personal Data Sheet)
* General Orders Number 3131
* General Orders Number 5777
* General Orders Number 6180
* General Orders Number 9035
* Bronze Star Medal Certificate
* Bronze Star Medal Citation
* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* DA Form 20 (Enlisted Qualification Record)

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 24 April 1967.  He completed training and he was awarded military occupational specialty 72B (Communications Center Specialist).  Evidence shows he served in the Republic of Vietnam from 8 December 1967 to 5 December 1968.  He served with Company C, 501st Supply Company from 24 January to 31 July 1968 and Company A, 426th Support and Services Battalion from 1 August to 3 December 1968.

3.  The applicant provides and his record contains:

   a.  General Orders Number 5777, issued by Headquarters, 101st Airborne Division, dated 11 September 1968, which award him the Army Commendation Medal for meritorious achievement for the period 1 March to 31 July 1968; and

   b.  General Orders Number 6180, issued by Headquarters, 101st Airborne Division, dated 13 September 1968, which award him the Army Commendation Medal for meritorious achievement for the period 8 December 1967 to 15 June 1968.

4.  Item 29 (Qualification in Arms) of his DA Form 20 shows in June 1967 he qualified for the Marksman Marksmanship Qualification Badge with Rifle Bar      (M-14) and on 13 November 1967 he qualified for the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

6.  On 23 April 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He completed 3 years of net service during this period.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Purple Heart
* Combat Infantryman Badge

7.  His record contains a DD Form 215, dated 31 August 2011, which shows he was awarded the Bronze Star Medal.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between    1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Army Commendation Medal with "V" Device pertaining to the applicant.

9.  His records do not contain a recommendation and/or orders for award of the Army Commendation Medal with "V" device.

10.  Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Army Commendation Medal with "V" device.

11.  The applicant submitted a DA Form 3354-R indicating he was awarded two Army Commendation Medals, one with "V" Device; however, he did not submit orders which show he was awarded the medal.

12.  Army Regulation 600-8-22 (Military Awards) 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.

13.  The "V" device is a bronze block letter V, 1/4-inch high, with serifs at the top of the numbers.  It is worn to denote participation in acts of heroism involving conflict with an armed enemy.  It was originally worn only on the suspension and service ribbons of the Bronze Star Medal to denote an award made for heroism (valor).  Effective 29 February 1964, the "V" device was also authorized for wear on the Air Medal and Army Commendation Medal for heroic acts or valorous deeds not warranting awards of the Distinguished Flying Cross or the Bronze Star Medal with "V" device.

14.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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.

15.  Army Regulation 600-8-22 paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal and states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following five campaigns:

* Vietnam Counteroffensive Phase III
* TET Counteroffensive
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Department of the Army General Order Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 confirms he qualified for award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); therefore, he is entitled to correction of his DD Form 214 to show these badges.

2.  The available evidence shows the applicant received "excellent" conduct and efficiency ratings at all of his active duty assignments and his record is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 24 April 1967 through 23 April 1970 and to correct his DD Form 214 to show this award.

3.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  The evidence of record also confirms that based on the applicant's service and campaign participation in the Republic of Vietnam, he is entitled to one silver service star for wear with his previously-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show the Vietnam Service Medal with one silver service star.

5.  General orders show the applicant was awarded two Army Commendation Medals.  Only one is currently indicated on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show the Army Commendation Medal (2nd Award).

6.  With respect to award of the Army Commendation Medal with "V" Device, a "V" device may be awarded with the Army Commendation Medal to individuals for heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force.  It requires a lesser degree of heroism than that required for the Bronze Star Medal; however, the individual must have performed an act of heroism under hazardous conditions in accomplishing his mission so as to set him apart from other individuals participating in the same conflict.

7.  The applicant's service in Vietnam and sincerity are not in question.  However, there is insufficient evidence in his records and he did not provide sufficient evidence which shows an act of heroism or action that would have set him apart from other individuals participating in the same conflict.  Additionally, the governing regulation states that for personal decorations, formal recommendation, approval through the chain of command, and announcement of orders are required.  Regretfully, in the absence of the formal recommendation, approval, and orders, there is insufficient evidence to grant the applicant the Army Commendation Medal with "V" Device.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 24 April 1967 through 23 April 1970;

	b.  deleting the Vietnam Service Medal from his DD Form 214; and

	c.  adding the following to his DD Form 214:

* Army Commendation Medal (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with one silver service star








2.  The Board further determined 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 with "V" Device.




      _______ _   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)                                         AR20140011949



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ABCMR Record of Proceedings (cont)                                         AR20140011949



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