RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 March 2007
      DOCKET NUMBER:  AR20060013304


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Ms. Linda Barker                  |     |Member               |
|     |Mr. Michael Flynn                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his Report of Transfer or Discharge
(DD Form 214) be corrected to show that he was awarded the Army
Commendation Medal.

2.  The applicant states that upon his arrival in Vietnam he was assigned
to the 3rd Brigade, 25th Infantry Division.  He states that he was later
assigned to the 4th Infantry Division while he was in Vietnam; therefore,
he effectively served under two divisions during his tour of duty in
Vietnam.  He states that he previously requested that the Army Commendation
Medal be added to his
DD Form 214 and he was told that there were no orders in his records
awarding him the Army Commendation Medal.  He states that he does not
understand how his medal could have been excluded from his DD Form 214.

3.  The applicant provides in support of his application a copy of the
citation awarding him the Army Commendation Medal; a copy of the
certificate awarding him the Army Commendation Medal; and a photograph of
the Army Commendation Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 20 March 1968.  The application submitted in this case is
dated 12 September 2006.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  On 21 March 1966, he was inducted into the Army in St. Louis, Missouri,
and he successfully completed his training as a light weapons infantryman.

4.  On 21 July 1966, he was promoted to the pay grade of E-2.  On 6 August
1966, he was transferred to Vietnam and he was assigned to Company A,
1st Battalion, 14th Infantry.

5.  The available records show that the applicant was promoted to the pay
grade of E-3 on 3 November 1966; promoted to the pay grade of E-4 on
1 February 1967; and promoted to the pay grade of E-5 on 15 May 1967.

6.  The applicant returned to the Continental United States on 28 August
1967 and he was assigned to Company E, 1st Battalion, 3rd Infantry, Fort
Myer, Virginia.

7.  The certificate that the applicant has submitted in support of his
application to this Board shows that on 25 October 1967, the applicant was
awarded the Army Commendation Medal for meritorious service in the Republic
of Vietnam during the period covering September 1966 to September 1967.  He
also submits a copy of the citation that indicates that he was awarded the
Army Commendation Medal for meritorious service in support of the United
States objectives in the Republic of Vietnam during the period covering
September 1966 to September 1967, while serving as a member of Company A,
1st Battalion, 14th Infantry, 4th Infantry Division.  Although barely
legible, there is a seal of authenticity reflected at the bottom of the
citation.

8.  On 20 March 1968, the applicant was honorably released from active duty
(REFRAD) at the expiration of his term of service and he was transferred to
the United States Army Reserve Control Group (Annual Training).  He had
completed 2 years of total active service.

9.  The DD Form 214 that he was furnished at the time of his REFRAD shows
that he was awarded the National Defense Service Medal, the Vietnam Service
Medal, the Republic of Vietnam Campaign Medal and two Overseas Service
Bars.

10.  On 1 May 2002, the National Archives and Records Administration
furnished the applicant a Correction to DD Form 214 (DD Form 215) to
include the Combat Infantryman Badge, the Army Good Conduct Medal, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, the
Marksman Marksmanship Qualification Badge (Rifle M-16) and the Sharpshooter
Marksmanship Qualification Badge (Rifle M-14 and M-60).  However, the Army
Commendation Medal was never included on his DD Form 214.

11.  A review of the available records fails to show the orders that were
published awarding him the Army Commendation Medal.



12.  Army Regulation 600-8-22 (Military Awards) provides that 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, distinguished 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.

DISCUSSION AND CONCLUSIONS:

1.  The question in this case is whether it is reasonable to presume that
orders were published at some point awarding the applicant the Army
Commendation Medal.

2.  This Board is convinced that, although the orders are not available for
review at this time, orders were published awarding him the Army
Commendation Medal.

3.  The certificate and citation that he has submitted in support of his
application appear to be authentic.  Both documents indicate that he was
awarded the Army Commendation Medal for meritorious service in the Republic
of Vietnam during the period covering September 1966 to September 1967.
The citation indicates that he was awarded the Army Commendation Medal
while serving as a member of Company A, 1st Battalion, 14th Infantry, 4th
Infantry Division, which is where he was upon his arrival in Vietnam.

4.  It appears that the Army Commendation Medal was erroneously omitted
from th applicant's DD Form 214 and it would be in the interest of justice
to correct his DD Form 214 to include this decoration.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 March 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 19 March 1971.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence, it would
be in the interest of justice to excuse failure to timely file in this
case.






BOARD VOTE:

__LE____  __LB ___  ___MF __  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing that he was awarded the Army
Commendation Medal.




                            ______Lester Echols______________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013304                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070329                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS                         |
|2.  66                  |107.0020/ARMY COMMENDATION MEDAL        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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