IN THE CASE OF:	  

		BOARD DATE:	        22 July 2008

		DOCKET NUMBER:  AR20080009035 


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 records to show award of the Army Commendation Medal (1st Oak Leaf Cluster).

2.  The applicant states that he was awarded the Army Commendation Medal (1st Oak Leaf Cluster), but it is not shown on his DD Form 214 (Report of Separation from Active Duty).

3.  The applicant provides a copy of his DD Form 214, dated 30 September 1974; a copy of undated citation showing he was awarded the Army Commendation Medal (1st Oak Leaf Cluster); and a copy of page 4 of his four-page DA Form 20 (Enlisted Qualification Record), 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's records show that he enlisted in the Regular Army for a period of 3 years on 22 August 1955.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13B (Field Artillery Crewmember).  He subsequently executed a series of reenlistments in the Regular Army and was placed on the Retired List in the rank/grade of sergeant first class (SFC)/E-7 on 1 October 1974.  

3.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 30 September 1974 shows he was awarded the Good Conduct Medal (5th Award), the National Defense Service Medal; the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 1960 Device, one Overseas Service Bar, the Purple Heart, the Army Commendation Medal with “V” Device, the Drill Sergeant Identification Badge, and the Driver Badge.  Item does not show award the Army Commendation Medal (1st Oak Leaf Cluster).

4.  Item 5 (Correction) of the applicant’s DD Form 215 (Correction to DD Form 214), dated 11 April 2008, shows the applicant was awarded the Vietnam Service Medal with three bronze service stars; the Expert Marksmanship Qualification Badges with Submachine Gun, Rifle, Carbine, and Field Artillery Bars; the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Item 5 does not show award the Army Commendation Medal (1st Oak Leaf Cluster).

5.  Headquarters, 7th Infantry Division General Orders Number 173, dated 29 August 1966, show the applicant was awarded the Army Commendation Medal, while assigned to the 4th Battalion, 76th Artillery, Korea, for meritorious service from 14 August 1965 to 29 August 1966.  

6.  There are no general orders in the applicant's records to show he was awarded the Army Commendation Medal (1st Oak Leaf Cluster).  

7.  Headquarters, I Field Artillery Force, Vietnam Artillery, General Orders Number 230, dated 20 March 1969, show the applicant was awarded the Army Commendation Medal with “V” Device for exceptional heroism in the Republic of Vietnam on 8 February 1969. 

8.  Headquarters, V Corps Artillery, General Orders Number 60, dated 13 September 1974, show the applicant was awarded the Army Commendation Medal (2nd Oak Leaf Cluster), while assigned to the 42nd Artillery Group, Germany, from November 1973 to August 1974.  

9.  The applicant submitted a copy of undated citation that shows he was awarded the Army Commendation Medal (1st Oak Leaf Cluster) while assigned to the 42nd Artillery Group, Germany, from November 1973 to August 1974.  

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.  The regulation also 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:

General Orders awarded the applicant three awards of the Army Commendation Medal; two for service and one for valor (“V” Device).  The Army Commendation Medal with “V” Device is already shown on his records.  However, the two Army Commendation Medals for service are not shown on his records.  Therefore, the applicant is entitled to correction of his records to show he was awarded three awards of the Army Commendation Medal (or 2nd Oak Leaf Cluster), one of which is for valor.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION










BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  deleting "ARCOM W/V DEV" from Item 26 of the applicant's DD Form 214, dated 30 September 1974; and

	b.  replacing it with the entry "Army Commendation Medal (2nd Oak Leaf Cluster) with "V" Device. 



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      _______ _   _______   ___
               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)                                         AR20080009035



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ABCMR Record of Proceedings (cont)                                         AR20080009035



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