IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150012406 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ____x___ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150012406 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 22 September 1971 by: a. deleting the VCM (both entries) and the ARCOM; and b. adding the following awards: * Bronze Star Medal * Army Commendation Medal with 1st Oak Leaf Cluster * Meritorious Unit Commendation * Vietnam Service Medal with one silver service star and 1 bronze service star * Republic of Vietnam Campaign Medal with 1960 Device * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to showing the applicant received a third award of the Army Commendation Medal. _____________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: 28 July 2016 DOCKET NUMBER: AR20150012406 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) by showing: * award of the Bronze Star Medal (BSM) * three awards of the Army Commendation Medal (ARCOM) 2. The applicant states he received the above awards after the issuance of his DD Form 214. 3. The applicant provides copies of: * Two DD Forms 214, effective 27 February 1969 and 22 September 1971 * General Orders Number 6820, 9th Infantry Division, dated 16 June 1969 (front side only) * Department of the Army Certificate awarding the ARCOM, dated 13 September 1970 * Department of the Army Certificate awarding the ARCOM with First Oak Leaf Cluster, dated 26 April 1971, with Citation 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 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 DD Form 214, effective 27 February 1969, indicates he enlisted in the Regular Army on 28 June 1968 and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). He was honorably discharged for the purpose of immediate reenlistment. 3. The applicant’s DD Form 214, effective 22 September 1971, indicates that he had reenlisted on 28 February 1969 for 3 years. His MOS is shown as 67N (Helicopter Repairman). The Remarks block states he served in the Republic of Vietnam (RVN) from 3 January to 22 August 1969 and from 26 April 1970 to 2 April 1971. His awards are indicated as: * National Defense Service Medal * Combat Infantryman Badge * RVN Campaign Medal (listed twice) * Air Medal * Aircraft Crewmember Badge * ARCOM * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 4. General Orders Number 6820, 9th Infantry Division, dated 16 June 1969, as provided by the applicant and filed in his Official Military Personnel File (OMPF) announced his award of the ARCOM for outstanding achievement during the period January to May 1969 while assigned to the 9th Aviation Battalion. 5. General Orders Number 01188, 23rd Infantry Division, dated 30 January 1971, announced the applicant’s award of the BSM for meritorious achievement during the period 1 September to 31 December 1970 while assigned to the 123rd Aviation Battalion. 6. General Orders Number 03018, from the 23rd Infantry Division, dated 18 March 1971, announced the applicant’s award of the ARCOM with 1st Oak Leaf Cluster, for meritorious service for the period April 1970 to March 1971, while assigned to the 123rd Aviation Battalion. REFERENCES: 1. Appendix B of Army Regulation 600-8-22 shows based on the applicant's dates of service in the RVN, he participated in the following six campaign periods: the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive; the Vietnam Summer-Fall 1969; the Vietnam Winter-Spring; the DA Sanctuary Counteroffensive; and the Vietnam Counteroffensive, phase VII. This same regulation states that a bronze service star will be awarded for wear on the VSM Medal for participation in each campaign. A silver service star denotes participation in five campaigns. 2. Army Regulation 600-8-22 provides for award of the RVN Campaign Medal (VCM) with 1960 Device. This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the RVN required the individual to provide direct combat support to the RVN and Armed Forces. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists unit awards received by units serving in the RVN. This publication shows the 9th Aviation Battalion, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 36, dated in 1970 for award of the Meritorious Unit Commendation (MUC) and in DAGO Number 59, dated in 1969 for award of the RVN Gallantry Cross with Palm Unit Citation. DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected by showing he was awarded a BSM and three ARCOMs. 2. General orders show the applicant was awarded the BSM for meritorious achievement. 3. General orders show the applicant was awarded two ARCOMs, one for achievement and one for service. There is no available evidence showing that he received a third ARCOM. 4. Records show the applicant’s unit was awarded the MUC and the RVN Gallantry Cross with Palm Unit Citation. 5. Records show the applicant served in the RVN during six campaign periods. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012406 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012406 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2