IN THE CASE OF:	  

		BOARD DATE:	  26 May 2015

		DOCKET NUMBER:  AR20140014962 


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 two Army Commendation Medals, one with "V" Device, be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the two awards were omitted from the DD Form 214.

3.  The applicant provides copies of his DD Form 214 and a set of award orders. 

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 served on active duty from 18 December 1967 through 8 December 1970.

3.  Headquarters, 1st Cavalry Division General Orders Number 14346, dated 14 November 1969, awarded the applicant the Army Commendation Medal with "V" Device for heroism for his actions on 21 August 1969.

4.  Headquarters, 1st Cavalry Division General Orders Number 14799, dated 21 November 1969, awarded the applicant the Army Commendation Medal for meritorious service from January 1969 through January 1970.  (These orders were amended on 13 January 1970 to a show the award as the Army Commendation Medal with 1st Oak Leaf Cluster.)

5.  His DA Form 20 (Enlisted Qualification Record) shows –

* promotion to specialist 5 (SP5) (E-5)
* service in Vietnam from 16 January 1969 through 15 January 1970
* service in Vietnam during four campaign periods
* service in Vietnam with Headquarters and Headquarters Company, 11th Aviation Group (23 January 1969 – 8 February 1969); Headquarters and Headquarters Company and Company D of the 229th Aviation Battalion 
(9 February 1969 – 11 January 1970)
* conduct and efficiency ratings of "excellent"
* his authorized awards were the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Commendation Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar

6.  His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (with the M-14 rifle), and the Expert Marksmanship Qualification Badge with Rifle Bar (with the M-16 rifle).  It incorrectly shows his period of service in Vietnam as commencing in 1968 not 1969.

7.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or courts-martial that would suggest he was considered not eligible for award of the Good Conduct Medal.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 229th Aviation Battalion, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

9.  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, 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 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he participated during the following four campaign periods: the Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; Tet 69 Counteroffensive, 23 February 1969 - 8 June 1969; Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969; and the Vietnam Winter–Spring 1970; 1 November 1969 - 30 April 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Army Commendation Medal with "V" Device and 1st Oak Leaf Cluster.  His DD Form 214 does not show this award.  It would be appropriate to add this award to his DD Form 214.

2.  The applicant served in Vietnam during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal.  It would be appropriate to correct the DD Form 214 to show these appurtenances.

3.  The applicant's award of the Republic of Vietnam Campaign Medal with Device (1960) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation are recorded on his DA Form 20 but were not carried forward to his DD Form 214.  It would be appropriate to include these awards on the DD Form 214.

4.  In addition to his other awards, the applicant is also authorized the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

5.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to 
award the applicant the Good Conduct Medal for his period of service from 18 December 1967 through 8 December 1970 and include it on the 
DD Form 214.

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:

	a.  awarding the applicant the Good Conduct Medal for his period of service from 18 December 1967 through 8 December 1970;

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

	c.  adding to the DD Form 214 the following awards –

* Army Commendation Medal with "V" Device and 1st Oak Leaf Cluster
* Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20140014962



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ABCMR Record of Proceedings (cont)                                         AR20140014962



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