RECORD OF PROCEEDINGS


	IN THE CASE OF:	  

	BOARD DATE:	
	DOCKET NUMBER:  AR20080002312 


	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.









      The following members, a quorum, were present:













	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, in effect, that the Army Commendation Medal be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that he was awarded the Army Commendation Medal in Vietnam; however, it does not appear on his DD Form 214.  It was awarded to him in the field – he would like to have it listed on his DD Form 214 or receive the recognition for it.

3.  The applicant states, in effect, that the Army Commendation Medal was awarded to him by a general officer in the field.  He does not remember his name but it occurred in the village of Lai Khe sometime between December 1966 and March 1967.  The village of Lai Khe was the headquarters of the 2nd Battalion, 28th Infantry.  The applicant concluded his request by saying he was enclosing the only piece of evidence he has to support his claim.  There was a write-up (article) printed in the military newspaper in Vietnam after the award was presented to him - the newspaper, he says, may have been called the Stars and Stripes.

4.  In support of this request, the applicant provides a copy of two newspaper clippings.

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 record shows he was inducted into the Army of the United States on 17 September 1965.  He completed basic combat training at Fort 
Leonard Wood, Missouri, and his advanced individual training at Fort Ord, California.  After completing all required training, he was awarded the military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).
3.  The applicant served in Vietnam from 10 March 1966 through 9 March 1967, with Company A, 2nd Battalion, 28th Infantry Regiment, 1st Infantry Division.

4.  The applicant was honorably released from active duty on 22 September 1967, under the provisions of Army Regulation (AR) 635-200, at the expiration of his term of service.  He was separated in the rank and pay grade of Specialist Four, E-4.  On the date he was released from active duty, he had completed 2 years active military service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded the Purple Heart; the National Defense Service Medal; the Vietnam Service Medal, with one bronze service star; the Republic of Vietnam Campaign Medal; and the Combat Infantryman Badge.  The Army Commendation Medal is not shown among his authorized awards.

6.  There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20, Enlisted Qualification Record, showing he was awarded the Army Commendation Medal.

7.  There are no orders in the applicant's military personnel records awarding him the Army Commendation Medal.

8.  A search of the Awards and Decorations Computer-assisted Retrieval System (ADCARS) was made for orders awarding the applicant the Army Commendation Medal.  No orders for this award were found in the ADCARS; however, general orders awarding the applicant a second Purple Heart were found.  A second Purple Heart, in effect, the Purple Heart, with oak leaf cluster, is not shown on the applicant's DD Form 214.

9.  The general orders which were found in ADCARS shows the applicant was awarded the Purple Heart, by General Orders 1517, Headquarters, 1st Infantry Division, dated 9 August 1966, for wounds he sustained in action on 12 May 1966.  This award is not shown on the applicant's DD Form 214 and a copy of this general order was not on file in his service personnel record.

10.  The applicant was awarded the Purple Heart [a second award and in effect, the Purple Heart, with oak leaf cluster], by General Orders 2939, Headquarters, 1st Infantry Division, dated 10 November 1966, for wounds he sustained in action on 8 November 1966.  This award is the one believed to be shown on his DD Form 214 since a copy of the orders was on file in his service personnel record.

11.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal, with one bronze service star; however, it does not show the correct number of bronze service stars to which the applicant is entitled for his campaign participation.

12.  While in Vietnam, the applicant participated in the following two campaigns of the Vietnam War:  the Vietnam Counteroffensive, which extended from 25 December 1965 through 30 June 1966; and the Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967.

13.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 12 July 1965 through 16 October 1968, by Department of the Army General Order (DAGO) Number 21, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period October 1965 through 7 April 1970, by DAGO 53, dated 1970.

14.  The applicant was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar (M-14 Rifle), in Special Orders Number 316, paragraph 260, published by Headquarters, US Army Training Center and Fort Leonard Wood, Missouri, on 12 November 1965.

15.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

16.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

17.  AR 600-8-22 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 Purple Heart.


18.  In one of the newspaper "clippings," the applicant provided, he was reported to have been awarded the Purple Heart for wounds received in action in Vietnam in November.  In the other "clipping," the applicant was reported to have been awarded the Army Commendation Medal for his alertness in saving an ammunition dump.  He had reportedly scared off the Viet Cong and found a large cache of high explosives.

19.  Title 10 of the United States Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's assertion he was awarded the Army Commendation Medal while he served in Vietnam is acknowledged; however, the applicant provided no general orders showing he was awarded the Army Commendation Medal.  No evidence was found either in his service personnel record or in the ADCARS data base to support addition of the Army Commendation Medal to the applicant's DD Form 214.  The newspaper "clipping" the applicant provided is insufficient to form a basis for addition of the Army Commendation Medal to his DD Form 214.

2.  While the available evidence is insufficient for awarding the applicant an Army Commendation Medal, and adding it to his DD Form 214, this in no way affects the applicant’s right to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of Title 10 USC 1130.

3.  The evidence shows that while the applicant served in Vietnam he was awarded the Purple Heart on two occasions – on 9 August 1966, for wounds he sustained in action on 12 May 1966; and on 10 November 1966, for wounds he sustained in action on 8 November 1966.  A Purple Heart is already shown on the applicant's DD Form 214; however, based on newly developed evidence, the applicant is entitled to a correction of his DD Form 214 to show he was awarded the Purple Heart, with oak leaf cluster, and to have this award added to his DD Form 214.
4.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal, with one bronze service star; however, the evidence shows he participated in two campaigns during his tour of duty in Vietnam.  He is therefore entitled to award of one additional bronze service star to be affixed to his already-awarded 
Vietnam Service Medal, with one bronze service star.  He is also entitled to a correction to his DD Form 214 to show he was awarded the Vietnam Service Medal, with two bronze service stars, as opposed to the Vietnam Service Medal, with one bronze service star, now shown on his DD Form 214.

5.  The applicant served in a unit at the time it was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.  He is entitled to these unit awards and to have them added to his DD Form 214.

6.  The applicant was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar, while he served on active duty.  This marksmanship badge is not shown on his DD Form 214.  The applicant is entitled to have this marksmanship qualification badge added to his DD Form 214.

7.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____S___  __WDP__  ___LB __  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned to award him the Army Commendation Medal and add this award to his DD Form 214.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by: 

	a.  adding the already-awarded second Purple Heart, in effect, the Purple Heart, with oak leaf cluster, to the applicant's DD Form 214;

      b.  awarding the applicant an additional bronze service star to be affixed to his Vietnam Service Medal, with one bronze service star, to denote his correct campaign participation credit, and to be shown on his DD Form 214 as the Vietnam Service Medal, with two bronze service stars;
      
      c.  awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and adding these unit awards to his DD Form 214; and 
      
      d.  adding the already-awarded Expert Marksmanship Qualification Badge, with Rifle Bar, to his DD Form 214.




      ____      JNS________
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20080002312



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508