IN THE CASE OF:	  

	BOARD DATE:	  13 January 2009

	DOCKET NUMBER:  AR20080008357


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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of two Army Commendation Medals.  He further requests that these awards be documented in his Military Personnel Records Jacket (MPRJ).

2.  The applicant states, in effect, that his two Army Commendation Medals are not listed on his DD Form 214 or filed in his MPRJ.

3.  The applicant provides copies of his DD Form 214 for the period of active duty ending on 30 April 1980; NA Form 13038 (Certification of Military Service) for the period of active duty from 30 April 1966 to 26 April 1972; letter from the National Personnel Records Center, dated 16 May 2008; certificate and citation for award of the Army Commendation Medal, First Oak Leaf Cluster for the period from    15 November to 30 November 1969; and a certificate and orders for award of the Army Commendation Medal for the period from 10 June 1976 to 1 February 1979.  

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 or about 1 June 1963, the applicant entered the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 11E (Armor Crewman).  

3.  The applicant was assigned for duty in the Federal Republic of Germany 
from 5 November 1963 to 15 October 1965; in the Republic of Korea from 
23 December 1966 to 24 January 1968; and again in the Federal Republic of Germany from 24 February 1968 to 19 February 1969.

4.  On or about 5 April 1969, the applicant was assigned for duty in the Republic of Vietnam.  

5.  The award certificate and citation for the Army Commendation Medal, First Oak Leaf Cluster, provided by the applicant, indicates that he was assigned to Headquarters and Headquarters Company, 1st Battalion, 16th Infantry Regiment, 1st Infantry Division.  It further indicates that this award was for a 16-day period of meritorious achievement from 15 November 1969 to 30 November 1969.

6.  On or about 20 March 1970, the applicant departed the Republic of Vietnam.

7.  On or about 21 June 1972, the applicant was assigned for duty in the Federal Republic of Germany.  He returned to the United States on 12 September 1975 for duty as an instructor with the 3rd School Brigade at Fort Knox, Kentucky.

8.  On 26 October 1976, the applicant was reclassified into MOS 71D (Legal Clerk).

9.  Permanent Orders 31-2, United States Army Armor Center, Fort Knox, dated 13 February 1979, awarded the applicant the Army Commendation Medal for meritorious service during the period from 10 June 1976 to 1 February 1979.

10.  On 5 March 1979, the applicant was assigned for duty as a battalion legal clerk with the 2nd Battalion, 5th Field Artillery Regiment, in the Federal Republic of Germany.

11.  On 1 October 1979, the applicant was assigned as a patient with Medical Holding Detachment, Fort Eustis, Virginia.  He was subsequently discharged on 30 April 1980 due to physical disability and awarded severance pay.  He had attained the rank of specialist six (SP6)/pay grade E-6, and had completed
16 years, 10 months, and 14 days of creditable active duty service. 

12.  Item 13 (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, Purple Heart with Oak Leaf Cluster, Bronze Star Medal with three Oak Leaf Clusters and “V” Device, Good Conduct Medal (five awards), Vietnam Service Medal, [Republic of] Vietnam Campaign Medal [with Device (1960)], [Republic of] Vietnam Gallantry Cross with Palm [Unit Citation], Combat Infantryman Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.  It does not show award of any Army Commendation Medals.

13.  Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the subject Army Commendation Medals. 

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

15.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods: the Tet 69 Counteroffensive; the Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have 
participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  The Armed Forces Expeditionary Medal was authorized for service in Korea from 1 October 1966 through 30 June 1974.

17.  Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. 

a.  The area of eligibility and period of eligibility are as follows:  

	(1)  the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, 

	(2)  all air spaces above the land and water area.

b.  The period of eligibility is 28 July 1954 to a date to be determined by the 
Secretary of Defense.

c.  Service members must have been assigned, attached, or mobilized to 
units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days, or meet the following criteria:  

	(1)  be engaged in combat during an armed engagement, regardless of the time in the area of eligibility, 

	(2)  wounded or injured in the line of duty and required medical evacuation from the area of eligibility, or

	(3)   participating as a regularly assigned air crewmember flying sorties into, out of, or within the area of eligibility in direct support of military operations.  Each day that one or more sorties are flown in accordance with these criteria will count as one day toward the 30 or 60-day requirement, and personnel who serve in operations and exercises conducted in the area of eligibility are considered eligible for the award as long as the basic time criteria is met.  Due to the extensive time period for KDSM eligibility, the nonconsecutive service period for eligibility remains cumulative throughout the entire period. 

d.  Service members qualified for the Armed Forces Expeditionary Medal by 
reasons of service between 1 October 1966 and 30 June 1974, in an area for which the KDSM was subsequently authorized are eligible for both the Armed 
Forces Expeditionary Medal and the KDSM.  Award of the KDSM for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 does not list his two Army Commendation Medals.  He further contends that these awards are not properly filed in his MPRJ.

2.  The available evidence indicates that the applicant may have been awarded two Army Commendation Medals during his assignment to the Republic of Vietnam from 5 April 1969 to 20 March 1970.  He provides a certificate and citation showing that he was awarded the Army Commendation Medal, First Oak Leaf Cluster, for a 16-day period of meritorious achievement.  The oak leaf cluster indicates that this was a second award.  Unfortunately, there is no available documentation for any earlier award of the Army Commendation Medal. Furthermore, there is no available evidence of record to corroborate the Army Commendation Medal Certificate and Citation provided by the applicant for the period 15-30 November 1969.  Therefore, his request to correct his records to show award of the Army Commendation Medal during his service in the Republic of Vietnam should be denied.  However, should the applicant have, or be able to obtain a copy of the orders awarding him either or both of these Army Commendation Medals, or other corroborating evidence, he may submit another application for reconsideration.

3.  Permanent Orders show that the applicant was awarded the Army Commendation Medal for meritorious service at Fort Knox for the period from
10 June 1976 to 1 February 1979.  Therefore, his records should be corrected to show this award.

4.  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 Vietnam Service Medal with three bronze service stars.

 5.  Records show that the applicant served in the Republic of Korea during a qualifying period for award of the Armed Forces Expeditionary Medal and the Korea Defense Service Medal.  Therefore, his records should be corrected to show these awards.



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.  deleting from his DD Form 214 the Vietnam Service Medal; and

b.  adding to his DD Form 214 the Army Commendation Medal, Vietnam 
Service Medal with three bronze service stars, Armed Forces Expeditionary Medal, and the Korea Defense Service Medal.

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 award of more than one Army Commendation Medal.



	___________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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080008357



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