RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20070017572 


	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.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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 correction of his records to show three awards of the Good Conduct Medal and two awards of the Army Commendation Medal.

2.  The applicant states that he received three awards of the Good Conduct Medal and two awards of the Army Commendation Medal; however, none are listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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

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 records show that he enlisted in the Regular Army for a period of 3 years on 30 January 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 76P (Stock Control and Accounting Specialist).  The highest rank/grade he attained during his military service was specialist five (SP5)/E-5.  He was honorably separated and transferred to the U.S. Army Reserve Control Group on 29 January 1970.

3.  The applicant's records further show that he served in the Republic of Vietnam from 10 January 1968 to 9 January 1969.  He was assigned to Company A, 801st Maintenance Battalion, 101st Airborne Division.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal, with four bronze service stars; the Republic of Vietnam Campaign Medal, with 1960 Device; two Overseas Service Bars; and the Expert Marksmanship Qualification Badge, with Rifle Bar.  Item 24 does not show award of the Good Conduct Medal (3rd Award) or the Army Commendation Medal (1st Oak Leaf Cluster).

5.  Headquarters, 101st Airborne Division, General Orders Number 600, dated 18 January 1969, show the applicant was awarded the Army Commendation Medal for exceptionally meritorious achievement in ground operations in the Republic of Vietnam during the period 1 July 1968 to 30 November 1968.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Good Conduct Medal (3rd Award) or the Army Commendation Medal (1st Oak Leaf Cluster).

7.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Good Conduct Medal or Army Commendation Medal orders on file for the applicant.  

8.  There are no general orders in the applicant's records to show he was awarded the Good Conduct Medal (3rd Award) or the Army Commendation Medal (1st Oak Leaf Cluster).

9.  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.  The regulation also states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal. 

10.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows his conduct and efficiency as excellent.


11.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.  A clasp is authorized for wear on the Good Conduct Medal denote a second or subsequent awards.  

12.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 801st Maintenance Battalion was awarded the following awards during its service in the Republic of Vietnam:

	a.  the Meritorious Unit Commendation, during the period 1 November 1968 to 31 May 1969, based on Department of the Army General Orders 39, dated 1970;

	b.  the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, during the period 18 March 1968 to 2 May 1970, based on Department of the Army General Orders Number 48, dated 1971; and

	c.  for A Company only, the Vietnam Gallantry Cross, with Palm Unit Citation, during the period 19 July 1968 to 14 May 1969, based on the Department of the Army General Orders Number 43, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  General Orders show the applicant was awarded the Army Commendation Medal on 18 January 1969, while assigned to the 801st Maintenance Battalion, 101st Airborne Division, in the Republic of Vietnam; therefore, he is entitled to correction of his records to show this award.

2.  The applicant's record does not show a second award of the Army Commendation Medal.  There are no general orders that show he was awarded a second award of the Army Commendation Medal.  Therefore, there is insufficient evidence to award the applicant a second award of the Army Commendation Medal in this case  
3.  The Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The evidence of record confirms that the applicant served honorably during the period 10 January 1967 to 9 January 1970.  Considering his excellent conduct and efficiency ratings and lacking any derogatory information that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal and correct his records to show this award.

4.  The applicant's record does not show a second or third award of the Good Conduct Medal.  There are no general orders that show he was awarded his second or third award of the Army Good Conduct Medal.  It appears that the applicant misread the regulation to mean he is entitled to one Good Conduct Medal for each one year of military service.  This is not the case.  Therefore, there is insufficient evidence to award the applicant a second or third award of the Good Conduct Medal.   

5.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross, with Palm Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and the Meritorious Unit Commendation which are not shown on his records; therefore, he is entitled to have his records corrected to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x___  __x__  __x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined that the evidence presented was 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:

	a.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 30 January 1967 to 29 January 1970, and

	b.  adding the Army Commendation Medal; the Good Conduct Medal (1st Award); the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and the Meritorious Unit Commendation, to his DD Form 214.

2.  The Board further determined that 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 award of the Good Conduct Medal (3rd Award) or the Army Commendation Medal (1st Oak Leaf Cluster).




						JS
      ______________________
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070017572



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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