RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 March 2008
	DOCKET NUMBER:  AR20080003359 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Deyon D. Battle

Analyst

The following members, a quorum, were present:


Ms. Shirley L. Powell

Chairperson

Ms. Yolando Maldonado

Member

Mr. Edward E. Montgomery

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 General Orders Number 3938 dated 27 February 1971 and the certificate dated 27 February 1971 awarding him the Army Commendation Medal be corrected to show that was awarded the Army Commendation Medal (First Oak Leaf Cluster).  He also requests that the phrase "In connection with ground operations against a hostile enemy force" be included on the certificate awarding him the Army Commendation Medal (First Oak Leaf Cluster).

2.  The applicant states that he believes that orders and certificate awarding him his second award of the Army Commendation Medal were prepared incorrectly.  He states, in effect, that neither the general orders nor the certificate show that he was awarded the Army Commendation Medal (First Oak Leaf Cluster); and that inserting the appropriate phrases onto the certificate and amending the general order will carry more weight at the Department of Veteran Affairs.

3.  The applicant provides in support of his application, a copy of his Report of Transfer or Discharge (DD Form 214); a copy of General Orders Number 3938 dated 27 February 1971, awarding him the Army Commendation Medal; a copy of the certificate showing that he was awarded the Army Commendation Medal; and a copy of his Enlisted Qualification Record (DA Form 20).

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 enlisted in the Regular Army in Beckley, West Virginia, for 3 years on 1 December 1969, and he successfully completed his training as a wheel vehicle mechanic.  He was transferred to Vietnam on 8 May 1970.

3.  On 25 October 1970, while in Vietnam, General Orders Number 10509 was published awarding the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam for the period 1 September 1970 to 19 October 1970.  

4.  On 25 October 1970, a certificate was prepared to reflect the applicant's award of the Army Commendation Medal.  The certificate shows that he was awarded the Army Commendation Medal for meritorious achievement in the Republic of Vietnam for the period 1 September 1970 to 19 October 1970.

5.  On 27 February 1971, General Orders Number 3938 was published awarding the applicant the Army Commendation Medal for meritorious achievement in connection with ground operations against a hostile enemy force in the Republic of Vietnam for the period 20 January 1971 to 10 March 1971.  However, the orders do not show that this was his second award of the Army Commendation Medal.

6.  On 27 February 1971, a certificate was prepared to reflect the applicant's award of the Army Commendation Medal.  The certificate shows that he was awarded the Army Commendation Medal for meritorious achievement in the Republic of Vietnam for the period 20 January 1971 to 10 March 1971.  However, the orders do not indicate that it was his second award of the Army Commendation Medal.

7.  The applicant returned to the Continental United States on or about 13 March 1971.  He was honorably released from active duty on 5 June 1972 and the DD Form 214 that he was furnished at the time of his discharge shows that he was awarded the Army Commendation Medal (First Oak Leaf Cluster).

8.  Army Regulation 600-8-22 (Military Awards) 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.






DISCUSSION AND CONCLUSIONS:

1.  It is clear that an error was made during the preparation of General Orders Number 3938.  At the time that the orders were prepared, he had previously been awarded his initial award of the Army Commendation Medal.  Therefore, General Orders Number 3938 should have been prepared to show that he was being awarded the Army Commendation Medal (First Oak Leaf Cluster).  It would now be appropriate correct the orders accordingly.

2.  The citation that was prepared on 27 February 1971, in connection with General Orders Number 3938, should also be corrected to show that he was awarded the Army Commendation Medal (First Oak Leaf Cluster).

3.  General Orders Number 3938 properly shows the detailed reason for his award of the Army Commendation Medal.  If necessary and whenever appropriate, the applicant should present a copy of the general orders along with the citation to show the detailed reason for the award.  Therefore, there is no basis for correcting the certificate dated 27 February 1971, to include the phrase "In connection with ground operations against a hostile enemy force."

4.  In view of the foregoing, it would now be appropriate to correct the applicant's records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__YM___  __SLP___  __EEM__  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 correcting General Orders Number 3938 and the certificate dated 27 February 1971 to show that he was awarded the Army Commendation Medal (First Oak Leaf Cluster).

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 amending the certificate dated 27 February 1971 awarding him the Army Commendation Medal to include the phrase "In connection with ground operations against a hostile enemy force."




_____Shirley L. Powell____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.