IN THE CASE OF: BOARD DATE: 3 December 2015 DOCKET NUMBER: AR20150005564 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 (2nd Award) with "V" Device. 2. The applicant states he received two Army Commendation Medals; one was for valor and one was for meritorious service. However, his DD Form 214 only lists the Army Commendation Medal he received for meritorious service. 3. The applicant provides his DD Form 214, two orders, two certificates, and an award 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 28 January 1969. He served in Vietnam from 27 June 1969 to 3 September 1970 while assigned to the 2nd Squadron, 11th Armored Cavalry Regiment (ACR). 3. He provides the following General Orders (GO) issued by Headquarters (HQ), II Field Force Vietnam: * GO Number 3017, dated 24 July 1970, awarded him the Army Commendation Medal with “V” Device for heroism on 9 April 1970 * GO Number 3316, dated 17 August 1970, awarded him the Army Commendation Medal for meritorious service from September 1969 to August 1970 4. He was honorably released from active duty on 4 September 1970 and he was transferred to the U.S. Army Reserve. He completed 1 year, 7 months, and 7 days of creditable active service with no lost time. 5. The DD Form 214 he was issued shows he was awarded or authorized the: * National Defense Service Medal * Army Commendation Medal * Vietnam Service Medal * Vietnam Campaign Medal 6. Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as sharpshooter with the M-14 and M-16 rifles. Item 38 (Record of Assignments) shows he received all “excellent” conduct and efficiency ratings throughout his service. Item 41 (Awards and Decorations) shows, in part, the Army Commendation Medal with “V” Device. 7. His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award). 8. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service of less than 3 years but more than 1 year. The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial. 9. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of his records shows that during his service in Vietnam he participated in four campaigns. 10. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 2nd Squadron, 11th ACR, was cited for the following unit awards: a. Valorous Unit Award for the period 1 May through 29 June 1970 by Department of the Army General Orders (DAGO) Number 43, dated 1972. b. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 May 1969 through 15 February 1970, by DAGO Number 50, dated 1971; and for the period 1 March through 30 October 1970 by DAGO Number 55, dated 1971. c. Paragraph 6 of this pamphlet states that not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual. The regulation provides that although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. DISCUSSION AND CONCLUSIONS: 1. The applicant provides GO that show he was awarded the Army Commendation Medal (2nd Award) with “V” Device while his DD Form 214 only shows the Army Commendation Medal. 2. He served honorably from 28 January 1969 to 4 September 1970. He served in Vietnam and received all “excellent” conduct and efficiency ratings throughout his military service. His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award). He meets the criteria for award of the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service. 3. His record confirms he participated in four campaigns during his service in Vietnam. He is authorized four bronze service stars for wear on his already-awarded Vietnam Service Medal. 4. GO awarded his unit in Vietnam the Valorous Unit Award and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit. His DD Form 214 does not show these unit awards. 5. His DA Form 20 confirms qualified as sharpshooter with the M-14 and M-16 rifles; however, these marksmanship badges are not shown on his 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: * awarding the applicant the Army Good Conduct Medal (1st Award) for the period 28 January 1969 through 4 September 1970 * deleting from his DD Form 214 the Vietnam Service Medal and adding to his DD Form 214 the: * Army Commendation Medal (2nd Award) with “V” Device * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with 4 bronze service stars * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) _____________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) AR20150005564 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005564 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1