IN THE CASE OF:	  

		BOARD DATE:	        23 September 2008

		DOCKET NUMBER:  AR20080005917 


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 award of the Army Commendation Medal for meritorious achievement for the period August 1968 to May 1969.

2.  The applicant states, in effect, that he was recommended for the Army Commendation Medal for his service in Vietnam; however, according to his former commander, the commanding general approved the medal but it was never awarded.  He states that he had two distinct duties in Vietnam, one as an ordnance first lieutenant and one as an infantry platoon leader.  He contends that the Awards Branch denied his request for the Army Commendation Medal because the dates for the proposed Army Commendation Medal for his infantry duties overlapped the dates of his award of the Bronze Star Medal for his ordnance duties.  He further states that it was routine to award the Army Commendation Medal to officers of other branches who commanded rifle platoons because not having an infantry specialty denied them award of the Combat Infantryman Badge.    

3.  The applicant provides a personal letter to the Board, dated 19 March 2008; a statement from his immediate commander in Vietnam at the time in question, dated 23 April 2007; a proposed citation for the Army Commendation Medal; DD Forms 214 (Report of Transfer or Discharge) for the periods ending 9 May 1969 and 16 May 1967; transit orders; a letter from a Member of Congress, dated 
25 May 2006; his personal identifiers; and miscellaneous Army orders.



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 on 30 June 1966 for a period of 2 years.  He attended Officer Candidate School (Ordnance) and was honorably discharged on 16 May 1967 to accept a commission as an officer. 

3.  The applicant’s DD Form 214 for the period ending 16 May 1967 does not show the Army Commendation Medal as an authorized award. 

4.  The applicant was commissioned a second lieutenant and entered active duty on 17 May 1967.  His DA Form 66 (Officer Qualification Record) shows he served as a nontactical unit officer and a ground maintenance and repair officer in Vietnam from 11 June 1968 through 9 May 1969.  On 9 May 1969, the applicant was released from active duty.  

5.  The applicant’s DD Form 214 for the period ending 9 May 1969 does not show the Army Commendation Medal as an authorized award.

6.  There are no orders for the Army Commendation Medal in the available records.   

7.  Headquarters, 199th Infantry Brigade (Sep) (Light) General Orders Number 733, dated 1 May 1969, show the applicant received the Bronze Star Medal for meritorious service for the period June 1968 to May 1969.

8.  In support of his claim, the applicant provided a letter, dated 23 April 2007, from his former commander at the time in question.  He recommends that the applicant be awarded the Army Commendation Medal for his meritorious achievement as the commander of the Brigade Ready Reaction Force for the period 15 August 1968 to 5 May 1969.  He states that the award for the Army Commendation Medal was written and approved in roughly the same time frame as the applicant’s award for the Bronze Star Medal and that he personally checked on the status of each award and was assured they had been approved and were being processed.  He also states that the Adjutant General may have lost the paperwork.

9.  On 4 September 2007, the Military Awards Branch, U.S. Army Human Resources Command informed a Member of Congress that in order to process a recommendation for award of the Army Commendation Medal for meritorious achievement to the applicant for the period June 1968 to May 1969, that office 
must verify that the service cited in the recommendation was not previously recognized with his award of the Bronze Star Medal.  In order to make this verification, the Awards Branch required a copy of the approved recommendation to award the Bronze Star Medal to the applicant.  According to officials at the Military Awards Branch, as of this date [8 September 2008], there has been no response from the Member of Congress or the applicant.  

10.  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.

11.  Paragraph 1-18 of Army Regulation 600-8-22 states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

DISCUSSION AND CONCLUSIONS:

1.  The governing regulation states that only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.  Since the recommendation for award of the Bronze Star Medal is not available (which would verify whether or not the applicant’s achievements as a platoon leader were already cited as a basis for award of the Bronze Star Medal), there is an insufficient basis for granting the applicant’s request.

2.  If the applicant can locate that Bronze Star Medal recommendation and if his achievements as a platoon leader were not cited in that recommendation, he may reapply to the Military Awards Branch, U.S. Army Human Resources Command for award of the Army Commendation Medal.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx___  __xx____  _xx_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      _______ _xxxx______   ___
               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)                                         AR20080005917



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080005917



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1