IN THE CASE OF:	  

		BOARD DATE:	        4 November 2008 

		DOCKET NUMBER:  AR20080006390 


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 DD Form 214 (Report of Transfer or Discharge) to show the Bronze Star Medal with First Oak Leaf Cluster), the Army Commendation with Second Oak Leaf Cluster with “V” Device, and the Good Conduct Medal.

2.  The applicant states, in effect, that according to his DA Form 1577 (Authorization for Issuance of Awards), dated 5 August 1985, he was awarded the Bronze Star Medal with First Oak Leaf Cluster, the Army Commendation Medal with Second Oak Leaf Custer with “V” Device, and the Good Conduct Medal; however, these medals are not listed on his DD Form 214. 

3.  The applicant provides a copy of his DA Form 1577, dated 5 August 1985; an award certificate and orders for the Bronze Star Medal with First Oak Leaf Cluster; and a copy of his DD Form 214 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 was inducted on 27 September 1967.  He arrived in Vietnam on 
11 March 1968.  He was assigned to Company A, 2nd Battalion, 5th Cavalry of the 1st Cavalry Division in Vietnam from 19 March 1968 through 25 April 1969.  On 2 May 1969, he was released from active duty in the temporary rank of sergeant after completing 1 year, 7 months, and 6 days of creditable active service with no lost time. 

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Air Medal, the Bronze Star Medal, the Army Commendation Medal, and the Purple Heart with First Oak Leaf Cluster as authorized awards.   

4.  A DD Form 215 (Correction to DD Form 214), dated 18 March 1985, amended the applicant’s DD Form 214 by deleting the Army Commendation Medal and the Bronze Star Medal and adding the Bronze Star Medal with First Oak Leaf Cluster and the Army Commendation Medal with First Oak Leaf Cluster with “V” Device.  Therefore, this portion of the applicant’s request (Bronze Star Medal with First Oak Leaf Cluster) will not be discussed further in these Proceedings. 

5.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 752, dated 16 January 1969, show the applicant received the Army Commendation Medal with “V” Device for heroism on 4 November 1968.

6.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 1224, dated 31 January 1969, show the applicant received the Army Commendation Medal with First Oak Leaf Cluster with “V” Device for heroism on
3 to 4 December  1968.

7.  There are no orders for the Army Commendation Medal with Second Oak Leaf Cluster (i.e. a third award of the Army Commendation Medal) in the available records.   

8.  In support of his claim for the Army Commendation Medal with Second Oak Leaf Cluster with “V” Device, the applicant provided a DA Form 1577, dated 
5 August 1985, which shows, in pertinent part, that he was issued the Army Commendation Medal with Second Oak Leaf Cluster with “V” Device.

9.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

10.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.  

12.  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 bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

13.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must 
have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  
However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Army Commendation Medal with First Oak Leaf Cluster with “V” Device and his DD Form 214 was properly amended to show these medals.  There are no orders for a third award of the Army Commendation Medal in the available records.  In the absence of orders, the DA Form 1577 provided by the applicant is not sufficient as a basis for a third award of the Army Commendation Medal.  Regrettably, there is insufficient evidence on which to base a third award of the Army Commendation Medal in this case.  

2.  The applicant was released from active duty in the temporary rank of sergeant with 19 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 27 September 1967 through 2 May 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his record should be corrected to show this award.

3.  The applicant participated in four campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with four bronze service stars.

4.  The applicant’s unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XX______  ___XX_____  ____XX____  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 him the first award of the Good Conduct Medal for the period 
27 September 1967 through 2 May 1969; and 

	b.  adding the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal on 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 a third award of the Army Commendation Medal.


      
      ______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)                                         AR20080006390



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ABCMR Record of Proceedings (cont)                                         AR20080006390



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