IN THE CASE OF:	

		BOARD DATE:	  31 March 2015

		DOCKET NUMBER:  AR20140014146 


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 the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her late father, a former service member (FSM), to show his award of the Army Commendation Medal with 2nd Oak Leaf Cluster (OLC).

2.  The applicant states her father's DD Form 214 only lists the Army Commendation Medal with 1st OLC.  She discovered 2 separate commendation reports/certificates, one with the 1st OLC and another with the 2nd OLC.  Her father's DD Form 214 only lists the one.  Based on the note she read on one of the commendations, she believes her father noticed it earlier (date unknown), but he did not file any paperwork to amend his DD Form 214.

3.  The applicant provides copies of the following:

* FSM's:

* General Orders (GO) Number 11193
* Army Commendation Medal with 1st OLC citation
* Army Commendation Medal with 2nd OLC certificate
* DD Form 214
* death certificate

* her birth certificate


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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The FSM enlisted in the Regular Army on 30 November 1966 and he held military occupational specialty 11B (light weapons infantryman).  He was discharged on 24 October 1967 for the purpose of accepting a commission as an officer.  He was credited with completing 10 months and 25 days of active service.

3.  He was commissioned in the U.S. Army Reserve (USAR), Quartermaster Corps, as a second lieutenant, on 25 October 1967.  He was ordered to and entered active duty on the same date.  He served in the specialty 4200 (Support and Service Officer).  He was promoted to first lieutenant on 25 October 1968.

4.  He served in Vietnam from 30 October 1968 through 15 October 1969, during 4 campaigns.  He was assigned to Company B, 1st Supply and Transport Battalion, 1st Infantry Division.

5.  His record contains the following orders issued by Headquarters, 1st Infantry Division on/for:

* GO Number 1473, 26 February 1969, awarding him the Army Commendation Medal for meritorious achievement in Vietnam from 20 October 1968 through 31 January 1969
* GO Number 8659, 13 August 1969, awarding him the Army Commendation Medal with 1st OLC for meritorious achievement in Vietnam from 1 February through 15 July 1969

6.  The applicant provided copies of the following:

   a.  GO Number 11193, issued by Headquarters, 1st Infantry Division on 23 September 1969, awarding the FSM the Army Commendation Medal with 1st OLC for meritorious service in Vietnam from November 1968 to October 1969; the orders include a notation in the upper right hand corner of "Amend to 2nd OLC."

   b.  Army Commendation Medal with 1st OLC citation which stated the FSM had distinguished himself by exceptionally meritorious service in Vietnam from November 1968 to October 1969.

7.  The FSM was honorably released from active duty on 19 October 1969.  He was credited with completing 1 year, 11 months, and 25 days of active service and 11 months and 16 days of foreign service.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device 1960
* Army Commendation Medal with 1st OLC
* Meritorious Unit Commendation
* one overseas bar

8.  Army Regulation 600-8-22 (Military Award) states a bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation.

9.  Army Regulation 670-1 (Uniforms and Insignia), then in effect, governed the requirements for the overseas service bar.  It specified a bar was authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate DA message.  One overseas service bar was authorized for each 6-month period of Federal service outside the continental limits of the United States.

10.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the United States Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  GO were issued awarding the FSM with Army Commendation Medal with 1st OLC for meritorious service in Vietnam.  The orders indicated amendment to 2nd OLC was needed.  GO previously awarded the FSM the first and second awards of Army Commendation Medal.  Therefore, his DD Form 214 ending on 19 October 1969 should be corrected to show the Army Commendation Medal with 2nd OLC.

2.  He served in Vietnam during 4 campaigns; therefore, he is entitled to award of 4 bronze service stars to be added to already-awarded Vietnam Service Medal and correction to his 1969 DD Form 214 to show these service stars.

3.  He completed a qualifying period of service for award of 1 additional overseas service bar.  Therefore, it would be appropriate to correct this DD Form 214 to show this award.

4.  GO also entitled the FSM to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, it would be appropriate to correct this DD Form 214 to show this award.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

* deleting from the FSM's DD Form 214 ending on 19 October 1969 the:

* Army Commendation Medal with 1st OLC
* Vietnam Service Medal
* Overseas service bar

* adding to this DD Form 214 the:

* Army Commendation Medal with 2nd OLC
* Vietnam Service Medal with 4 bronze service stars





* 2 overseas service bars
* 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)                                         AR20140014146





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ABCMR Record of Proceedings (cont)                                         AR20140014146



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