IN THE CASE OF:  

		BOARD DATE:  6 August 2015	  

		DOCKET NUMBER:  AR20140021385 


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 certificate that awarded him the Army Commendation Medal to show his rank as sergeant (SGT) vice specialist four (SP4) and the period of service as 25 February 1967 to 22 February 1968 vice 25 February 1967 to 21 January 1968. 

2.  He also requests award of the Meritorious Unit Commendation that was awarded to K Troop, 3rd Squadron, 11th Armored Cavalry Regiment. 

3.  The applicant states, in effect, he has a certificate that shows incorrect dates for his Army Commendation Medal.  Additionally, he was never awarded the Meritorious Unit Commendation that was awarded to K Troop, 3rd Squadron, 11th Armored Cavalry Regiment during the period that he served with the unit. 

4.  The applicant provides a certificate showing award of the Army Commendation Medal. 

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 enlisted in the Regular Army for a 3-year term on 11 August 1966 and he held military occupational specialty 
72B (Communications Center Specialist).  

3.  He served in Vietnam from 25 February 1967 to 22 February 1968.  He was assigned to Troop K, 3rd Squadron, 11th Armored Cavalry Regiment.

4.  Special Orders Number 312, issued by Headquarters, 3rd Squadron, 11th Armored Cavalry Regiment, dated 24 December 1967, promoted him to SGT effective 24 December 1967.

5.  General Orders Number 365, issued by Headquarters, 9th Infantry Division, dated 21 January 1968, awarded him the Army Commendation Medal for meritorious service in Vietnam from 25 February 1967 to 21 January 1968.  Both the GO and the resulting certificate listed his rank as SP4 and the period of service as 25 February 1967 to 21 January 1968.

6.  He was honorably released from active duty in the rank/grade of SGT/E-5 on 25 July 1969.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Good Conduct Medal
* Army Commendation Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Air Medal with 1st Oak Leaf Cluster
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the campaigns below.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 

* Vietnam Counteroffensive Phase (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January-1 April 1968)
8.  Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service with Troop K, 3rd Squadron, 11th Armored Cavalry Regiment, from February 1967 to February 1968, his unit was awarded the: 

* Valorous Unit Award for service on 19 June 1967 and 21 July 1967 by Department of the Army General Orders (DAGO) Number 1, dated 1969 
* Meritorious Unit Commendation for service from 13 September 1966 to 31 May 1967 by DAGO Number 32, dated 1969

9.  DAGO Number 8, dated 1974, announced award of 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 served in Vietnam from 25 February 1967 to 22 February 1968. He was promoted to SGT on 24 December 1967.

	a.  GO awarded him the Army Commendation Medal for meritorious service in Vietnam.  Both the GO and the resulting certificate listed his rank as SP4 and the period of service as 25 February 1967 to 21 January 1968.

	b.  He should be entitled to an amendment to GO Number 365, and the issuance of a new certificate awarding him the Army Commendation Medal, to show his rank as SGT vice SP4 and the period of service as 25 February 1967 to 22 February 1968 vice 25 February 1967 to 21 January 1968.  

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

3.  His unit in Vietnam was awarded the Valorous Unit Award, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 should be corrected to show these unit awards. 




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.  amending General Orders Number 365, issued by Headquarters, 9th Infantry Division on 21 January 1968 to show his rank as SGT and the period of service as 25 February 1967 to 22 February 1968;

	b.  issuing him a new certificate awarding him the Army Commendation Medal in the rank of SGT and for the period 25 February 1967 to 22 February 1968; 

	c.  deleting the already-awarded Vietnam Service Medal from his DD Form 214; and

   d.  adding to his DD Form 214 the:

* Vietnam Service Medal with three bronze service stars
* Valorous Unit Award
* Meritorious Unit Commendation
* 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)                                         AR20140021385





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ABCMR Record of Proceedings (cont)                                         AR20140021385



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