IN THE CASE OF:	  

		BOARD DATE:	       30 October 2008

		DOCKET NUMBER:  AR20080005632 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his awards to include showing his correct social security number on his orders, citation, and certificate awarding him the Army Commendation Medal.

2.  The applicant states that these documents incorrectly show his social security number as xxx-xx-xx98.  The correct number is xxx-xx-xx00.

3.  The applicant provides copies of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214); orders, citation, and certificate for award of the Army Commendation Medal; and orders for award of the Air 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.  On 30 October 1968, the applicant enlisted in the Regular Army using a social security number of xxx-xx-xx00.  He completed his initial training and was awarded military occupational specialty (MOS) 13E (Field Artillery Operator and Intelligence Assistant).

3.  Special Orders Number 156, United States Army Field Artillery School Brigade, Fort Sill, Oklahoma, dated 25 June 1969, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle [M-16] Bar. These orders show the social security number of xxx-xx-xx00.  

4.  On 15 July 1969, the applicant was assigned for duty in the Republic of Vietnam as a cannoneer with the Headquarters, 1st Battalion, 7th Artillery Regiment, 1st Infantry Division. 

5.  General Orders Number 17554, Headquarters, 1st Infantry Division, dated
23 December 1969, awarded the applicant the Army Commendation Medal for meritorious achievement during the period from 15 July to 29 November 1969.  These orders show the social security number of xxx-xx-xx00.

6.  On 7 March 1970, the applicant was reassigned for duty as a cannoneer with the 2nd Squadron, 11th Armored Cavalry Regiment.

7.  On 9 June 1970, the applicant was medically evacuated to Fort Knox, Kentucky.

8.  General Orders Number 3144, Headquarters, II Field Force Vietnam, dated
3 August 1970, awarded the applicant the Army Commendation Medal for meritorious service during the period from March to June 1970.  This order and its associated citation and certificate show the applicant's social security number as xxx-xx-xx98.  

9.  Special Orders Number 28, Headquarters, 194th Armored Brigade, Fort Konx, Kentucky, dated 5 February 1971, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle [M-14] Bar.  These orders show the social security number of xxx-xx-xx00.  



10.  On 28 May 1971, the applicant was discharged by reason of temporary physical disability and transferred to the Temporary Disability Retired List (TDRL).  He had attained the rank of specialist four, pay grade E-4, and had completed 2 years, 6 months, and 29 days of creditable active duty service.

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Air Medal, Bronze Star Medal, Army Commendation Medal, Vietnam Service Medal, and the Vietnam Campaign Medal.  It does not show award of his second Army Commendation Medal or any of his marksmanship qualification badges.

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

13.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  

14.  Army Regulation 600-8-22 (Military Awards), in pertinent part, shows that the Award Citation Certificate (DA Form 7550) is a required part of the award elements for individual decorations.  The DA Form 7550 is authorized to be issued along with the award certificate for the Distinguished Service Cross, Silver Star, Distinguished Flying Cross, and the Soldier's Medal.

15.  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.

16.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods: the Vietnam Summer-Fall 1969, the Vietnam Winter-Spring 1970, and the DA Sanctuary Counteroffensive.    This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

17.  Army Regulation 672-5-1, in effect at the time, provides that the Army 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. 

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 7th Artillery Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 2, dated 1971, for award of the Republic 
of Vietnam Gallantry Cross with Palm Unit Citation and in DAGO Number 53, dated 1970, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant enlisted with the social security number of xxx-xx-xx00.  Therefore, General Orders Number 3144, dated 3 August 1970, should be corrected to show his social security number as xxx-xx-xx00.  Furthermore, these orders should also be corrected to show that this was his second award of the Army Commendation Medal by indicating an Oak Leaf Cluster.

2.   The certificate for award of the applicant's second Army Commendation Medal should also be reissued with his correct social security number and adding the Oak Leaf Cluster.

3.  There is no provision for presenting an award citation other than issuance of the DA 7550 for specified awards, which does not include the Army Commendation Medal.  Therefore, there is no basis to issue a corrected citation for the applicant's Army Commendation Medal.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, his records should be corrected to show award of the Army Good Conduct Medal (first award).

5.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.


6.  Records show that the applicant's unit was cited in general orders 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.  Therefore, his records should be corrected to show these foreign unit awards. 

7.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle [M-14] Bar.  Therefore, his records should be corrected to show this award.

8.  Special Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle [M-16] Bar.  Therefore, his records should be corrected to show this award.

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.  amending General Orders Number 3144, II Field Force Vietnam, dated 
3 August 1970, to show the applicant's social security number as xxx-xx-xx00 and to add a first oak leaf cluster showing this to be his second Army Commendation Medal;

	b.  issuing a corrected certificate for the Army Commendation Medal awarded on Special Orders Number 3144 for meritorious service during the period March 1969 to June 1970;

	c.  awarding him the Army Good Conduct Medal for the period from 
30 October 1968 to 28 May 1971; and



	d.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include an Oak Leaf Cluster on his already-awarded Army Commendation Medal, Army Good Conduct Medal, three bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Rifle [M-14] Bar, and the Marksmanship Qualification Badge with Rifle
[M-16] Bar.

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 reissuance of the award citation for the Army Commendation Medal that he received during the period March 1969 to June 1970.



      _________X_____________
               CHAIRPERSON
      
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.
ABCMR Record of Proceedings (cont)                                         AR20080005632



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ABCMR Record of Proceedings (cont)                                         AR20080005632



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