IN THE CASE OF: BOARD DATE: 27 September 2023 DOCKET NUMBER: AR20230002311 APPLICANT REQUESTS: in effect, correction of his DD Form 214, Armed Forces of the United States-Report of Transfer or Discharge, to add: * Army Commendation Medal with “V” Device * Army Commendation Medal with Oak Leaf Cluster * 46th Infantry Platoon (Scout Dog), 25th Infantry Division APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149, Application for Correction of Military Record * General Orders Number 14555, 23 November 1969 * General Orders Number 3396, 28 March 1970 * DD Form 214, 16 April 1970 * National Personnel Records Center Letter, 7 November 2022 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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’s service record contains orders awarding him the Army Commendation Medal with V Device and the Army Commendation Medal (1st Oak Leaf Cluster). These awards will be administratively added to his DD Form 214 without being considered by the Board. 3. The applicant states, in effect, his DD Form 214 is missing the Army Commendation Medal with Oak Leaf Cluster. Further, the last unit he served in is incorrectly shown on the form. 4. On 16 August 1968, the applicant enlisted in the Regular Army. He held military occupational specialties 11B, Light Weapons Infantryman and 11F, Infantry-Operations and Intelligence Specialist. 5. The applicant served in the Republic of Vietnam (RVN) from 13 May 1969 to 14 April 1970. * General Orders Number 14555, issued by Headquarters, 25th Infantry Division on 23 November 1969 awarded him the Army Commendation Medal with V Device for heroism on 4 November 1969 * General Orders Number 3396, issued by Headquarters, 25th Infantry Division on 28 March 1970, awarded him the Army Commendation Medal (1st Oak Leaf Cluster) for service from May 1969 to May 1970 6. Item 38 of the DA Form 20, Enlisted Qualification Record, shows the applicant was assigned to the 46th Infantry Platoon (Scout Dog), 25th Infantry Division on 22 May 1969. His departure date is not listed. 7. Item 41, Awards and Decorations, of the DA Form 20 does not show award of the Army Commendation Medal or Army Commendation Medal with Oak Leaf Cluster. This item number does show Special Orders (SO), published by Headquarters, U.S. Army Training Center, Fort Benning, Georgia awarded the applicant the – * Marksman Marksmanship Qualification Badge (Rifle M14), SO 237, 2 September 1968 * Expert Marksmanship Qualification Badge (Grenade), SO 247, 15 October 1968 7. The applicant provides an award citation and orders which shows he was awarded the ARCOM with Oak Leaf Cluster for meritorious service in the RVN during the period May 1969 to May 1970. 8. He was honorably released from active duty on 16 April 1970, after completing 1 year, 8 months, 1 days of total active service. His DD Form 214 shows in Item 12 (Last Duty Assignment and Major Command) that he was assigned to the “461 PSD 25 DIV USARV.” This form further shows he was awarded or authorized the: * National Defense Service Medal * Air Medal * Vietnam Service Medal * Bronze Star Medal * Republic of Vietnam Campaign Medal ? BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records the Board agreed there is sufficient evidence to support correction of the applicant’s DD Form 214 to show his last unit assigned as 46th Infantry Platoon (Scout Dog), 25th Infantry Division. During deliberation, the Board determined the applicant's service record did not reflect he was awarded the Army Good Conduct Medal (1st award) and his record shows he received "excellent" conduct and efficiency ratings throughout his service for the period of 16 August 1968 to 16 April 1970. Based on this the Board granted relief for correction of the applicant’s record and award of the Army Good Conduct Medal. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: In addition to the administrative notes annotated by the Analyst of Record (below the signature), 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 the applicant’s DD Form 214 for the period ending 16 April 1970 to show in * block 12 (Last Duty Assignment and Major Command) - 46th Infantry Platoon (Scout Dog), 25th Infantry Division * block 24 (Decorations, Medals, Commendations, Citations and Campaign Ribbons Awarded or Authorized) awarding him the Army Good Conduct Medal (1st Award) for exemplary service from 16 August 1968 to 16 April 1970 and adding the medal to his DD Form 214 for the period ending 16 April 1970 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): 1. The following documents and regulations are sufficient to administratively correct the applicant’s DD Form 214, ending 16 April 1970, without action by the Board by deleting the VSM from Item 24 and adding: * Army Commendation Medal (ARCOM)(1st Oak Leaf Cluster) and with “V” Device * Combat Infantryman Badge * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 2. The following documents are sufficient to justify correction of the DD Form 214 without action by the Board. * GO Number 14555, 23 November 1969, HQ, 25th Inf Div * GO number 3396, 28 March 1970, HQ 25th Inf Div * SO Number 241, 29 August 1969, HQ, 25th Inf Div * DA Form 20 * DD Form 214, 16 April 1970 * DAGO 48, 1971 for the period 1 September 1968 to 30 September 1970 * DAGO 51, 1971 for the period 12 February 1968 to 21 January 1970 * DA PAM 672-3 REFERENCES: 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 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. 2. Army Regulation 600-8-22 (Military Awards) provides: 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 decoration, formal recommendations, approval through the chain of command, and announcement in orders are required. For succeeding act or period of meritorious service or achievement that justifies the award of a decoration, an oak leaf cluster or numeral device will be awarded. b. 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. The applicant’s service coincides with the following three campaign periods: * Tet 69/Counteroffensive, 23 February - 8 June 1969 * Vietnam Summer - Fall 1969, 9 June - 31 October 1969 * Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970 3. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, lists the awards received by units serving in Vietnam. The pamphlet shows 46th Infantry Platoon was cited in: a. Department of the Army General Orders (DAGO) Number 5, dated 1973, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970. b. DAGO Number 51, dated 1971, for award RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 February 1968 to 21 January 1970, in D //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230002311 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1