ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 June 2019 DOCKET NUMBER: AR20160014328 APPLICANT REQUESTS: * Army Commendation Medal with “V” Device (First Oak Leaf Cluster) * Army Good Conduct Medal * Vietnam Service Star with one silver service star and one bronze service star * Republic of Vietnam Campaign Medal with “1960” Device * Valorous Unit Award * Meritorious Unit Commendation (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * National Personnel Records Center (NPRC) Letter * Two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) * Two Discharge Certificates * Three DA Forms 20 (Enlisted Qualification Record) * Army Commendation Medal Citation * Army Commendation Medal Citation (First Oak Leaf Cluster) * Article 15 * Excerpt of Army Regulation (AR) 600-8-22 (Military Awards) * Internet Excerpt of Republic of Vietnam Campaign Medal Ribbon * Excerpt of Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) * General Order (GO) Number 8 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He was awarded the Army Commendation Medal for valor and a second award at the conclusion of his combat tour in Vietnam. A copy of these citations were in his official record. He would like to be awarded the Army Commendation Medal for his military service during his first enlistment from 12 October 1965 to 25 January 1968. His conduct and efficiency ratings reflect excellent during his first enlistment. b. He is authorized one silver and one bronze service star for serving during six campaigns to be annotated on his Vietnam Service Medal. His tours of service in Vietnam were from 14 March 1966 to 11 March 1967 and from 19 October 1967 to 30 August 1968. The Republic of Vietnam Campaign Medal is not reflected on his DD Form 214. c. He served with the 41st Engineer Company in Vietnam from 27 October 1967 to 30 August 1968 and is entitled to the Valorous Unit Award and Meritorious Unit Citation for his service with that unit. He also served in C Company, 46th Engineer Regiment in Vietnam from 17 March 1966 to 8 March 1967 and the unit was awarded the Meritorious Unit Citation during his tour in Vietnam. d. He is eligible for the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not documented on his DD Form 214 for his service in Vietnam. He also states he is eligible for the Republic of Vietnam Civil Actions Honor Medal First Class (2nd Award) for his service in Vietnam. e. He enlisted and served honorably for two tours in the Army from 12 October 1965 to 30 August 1968 and from 30 April 1969 to 29 April 1972. He served his country faithfully in combat during an unpopular conflict. He met a fellow veteran and discussed their discharge documents. It is then that he learned that there were omissions and errors on his documents. 3. The applicant provides: * a letter from NPRC, dated 15 July 2016, which shows that he requested his official military personnel record and was provided a copy * two Honorable Discharge Certificates from the U.S. Army Reserve Control Group Reinforcement, effective 29 April 1969 and 30 June 1974 * an Army Commendation Medal Citation, which shows that he was awarded the Army Commendation Medal with “V” Device for heroism for actions on 1 February 1968 * an Army Commendation Medal Citation, which shows that he was awarded the Army Commendation Medal (First Oak Leaf Cluster) for his service in Vietnam from October 1967 to October 1968 * an excerpt from AR 600-8-22, which shows the criteria to be awarded the Army Good Conduct Medal * an internet excerpt of the Republic of Vietnam Campaign Medal which shows the description and criteria for the award * an excerpt from DA Pam 672-3, which shows unit awards for the 41st Engineer Company and the 46th Engineer Battalion * GO Number 8, which shows award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to units in Vietnam 4. A review of the applicant’s service records shows: a. He enlisted in the Regular Army (RA) on 12 October 1965. b. He served in Vietnam from 14 March 1966 to 11 March 1967. He was assigned to Company C, 46th Engineer Battalion from 17 March 1966 to 8 March 1967. c. He served in Germany from 17 April 1967 to 15 September 1967 and again in Vietnam from 19 October 1967 to 30 August 1968. He was assigned to the 41st Engineer Company from 27 October 1967 to 30 August 1968. d. His DA Form 20 shows “excellent” in conduct and efficiency during his enlistment from 12 October 1965 to 30 October 1968, a period of 2 years, 10 months, and 19 days. e. He was honorably released from active duty on 30 October 1968. His DD Form 214 shows he completed 2 years, 10 months, and 19 days of active service. It also shows he was awarded or authorized: * National Defense Service Medal * Vietnam Campaign Medal * Vietnam Service Medal * Army Commendation Medal with “V” Device f. He enlisted again in the RA on 30 April 1969. g. He served in Thailand from 2 April 1970 to 18 January 1971. h. He was honorably discharged from active duty on 28 April 1972. His DD Form 214 shows he completed 2 years, 11 months, and 29 days of active service. It also shows he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Mar (M-14). 5. A review of the applicant’s record confirms he is eligible for awards that are not recorded on his DD Form 214. These awards will be added to his DD Form 214 as administrative corrections and will not be considered by the Board. The Board will consider award of the Army Commendation Medal with “V” Device (First Oak Leaf Cluster) and the Army Good Conduct Medal. 6. His record is void of derogatory information or record of a trial by court-martial. 7. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal an award of the Army Commendation Medal with “V” Device. 8. By regulation: a. The Army Commendation Medal is awarded to members of the Armed Forces who distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. It may be awarded for combat related service or achievement after 29 February 1964. The “V” device denotes participation in acts of heroism involving conflict with an armed enemy. b. The criteria for the first award only of the Army Good Conduct Medal, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year, require all “excellent” conduct and efficiency ratings and no convictions by a court-martial. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that partial relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that sufficient was available to show that the applicant was previously awarded the ARCOM with “V” Device. Additionally, the Board concluded that based upon evidence in the service record, the applicant was eligible for the Army Good Conduct Medal and recommended awarded that for his period of service from 12 October 1965 through 30 August 1968. Additionally, all other requested awards were noted to be corrected by the administrative notes below by the analyst of record. However, the Board also concluded that there was insufficient evidence he received more than one ARCOM with “V” Device. For that reason, the Board recommended denying that portion of the applicant’s request. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by awarding and adding: * ARCOM with “V” Device * Army Good Conduct Medal * Vietnam Service Star with one silver service star and one bronze service star * Republic of Vietnam Campaign Medal with “1960” Device * Valorous Unit Award * Meritorious Unit Commendation (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 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 awarding and adding a second ARCOM with “V” Device. 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s records shows he is authorized additional awards not listed on his DD Form 214. As a result, delete the Vietnam Service Medal and add to his DD Form 214 the following: * Vietnam Service Star with one silver service star and one bronze service star * Republic of Vietnam Campaign Medal with “1960” Device * Valorous Unit Award * Meritorious Unit Commendation (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 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 first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, 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. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. 3. AR 600-8-22 (Military Awards) states The Army Commendation Medal is awarded to members of the Armed Forces who distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. It may be awarded for combat related service or achievement after 29 February 1964. The “V” device denotes participation in acts of heroism involving conflict with an armed enemy. ABCMR Record of Proceedings (cont) AR20160014328 6 1