IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20150009486 BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20150009486 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amending his DD Form 214 dated 20 December 1968 as follows: a. deleting the Army Commendation Medal and Vietnam Service Medal; and b. adding the Army Commendation Medal (2nd Award), Vietnam Service Medal with two bronze service stars, and the 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. IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20150009486 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 two Army Commendation Medals. 2. The applicant states he was awarded an Army Commendation Medal after he was discharged. 3. The applicant provides General Orders Number 621, dated 18 January 1969, awarding him 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. With prior enlisted service in the Regular Army (RA), the applicant enlisted in the RA for 2 years on 16 February 1967. He served as a light weapons infantryman. 3. He arrived in Vietnam on 24 July 1968 with assignment to Company F (Long Range Patrol (LRP)), 58th Infantry, 101st Airborne Division (Airmobile). 4. On 6 September 1968 General Orders Number 5573 awarded him the Army Commendation Medal for meritorious achievement for the period 1 March to 31 July 1968. 5. In Vietnam, he participated in the following two campaigns: * Vietnam Counteroffensive, Phase V Campaign, which extended from 1 July through 1 November 1968 * Vietnam Counteroffensive, Phase VI Campaign, which extended from 2 November 1968 through 22 February 1969 6. On 18 December 1968 the applicant departed Vietnam for the United States. 7. On 20 December 1968 he was honorably discharged as an overseas returnee. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows these authorized awards: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with Device (1960) * Good Conduct Medal * Parachutist Badge * Army Commendation Medal 8. On 18 January 1969 General Orders Number 621 awarded him an Army Commendation Medal for meritorious achievement from 1 July through 30 November 1968. 9. On 18 September 2007 the applicant received a DD Form 215 (Correction to DD Form 214) amending his 1968 DD Form 214 by adding these awards: * Bronze Star Medal * Combat Infantryman Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. 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. b. A bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal. c. A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 Mar 1968 to 1 February 1969 by Department of the Army General Order (DAGO) Number 48, dated 1971. DISCUSSION: 1. The applicant was awarded two Army Commendation Medals by general orders. There is only one Army Commendation Medal shown on his 1968 DD Form 214. According to the applicable regulation, a bronze oak leaf cluster is worn on the Army Commendation Medal to denote the second and succeeding awards. His 1968 DD Form 214 should be corrected to show two awards of the Army Commendation Medal. 2. A bronze service star is worn on the appropriate service ribbon including the Vietnam Service Medal for each credited campaign. As he served during two campaigns, he is entitled to two bronze service stars to be affixed to his already awarded Vietnam Service Medal. 3. Department of the Army Pamphlet 672-3 shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009486 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009486 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2