IN THE CASE OF:	   

		BOARD DATE:	        12 November 2008

		DOCKET NUMBER:  AR20080009689 


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, that his DD Form 214 (Report of Transfer or Discharge) be corrected to show the Army Commendation Medal with Third Oak Leaf Cluster, an unspecified marksmanship qualification badge with Rifle (M-16) Bar, and any awards and decorations to which he may be entitled.     

2.  The applicant states that these awards were omitted from his DD Form 214.

3.  The applicant provides no additional evidence 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 enlisted on 28 February 1968 for a period of 3 years.  He arrived in Vietnam on 8 June 1969.  He served as a clarinet player assigned to Headquarters and Headquarters Company and Band, 4th Infantry Division Support Command in Vietnam from 21 June 1969 through 4 June 1970.  On 
26 February 1971, he was released from active duty.  

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), two awards of the Overseas Service Bar, the Army Commendation Medal with First Oak Leaf Cluster, the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation as authorized awards.   

4.  Orders show the applicant received three awards of the Army Commendation Medal (i.e., the Army Commendation Medal with Second Oak Leaf Cluster). 

5.  There are no orders for the Army Commendation Medal with Third Oak Leaf Cluster (i.e., a fourth award of the Army Commendation Medal) in the available records. 

6.  There are no orders for a marksmanship qualification badge with Rifle (M-16) Bar in the available records.

7.  Item 29 (Qualification in Arms) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows he qualified expert with the M-14 rifle.

8.  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 Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

9.  A DD Form 215 (Correction to DD Form 214), dated 17 October 1972, amended the applicant's DD Form 214 by deleting the Army Commendation Medal with First Oak Leaf Cluster and Vietnam Service Medal and adding the Army Commendation Medal with Second Oak Leaf Cluster, the Vietnam Service Medal with four bronze service stars, and the Good Conduct Medal.

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 states 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.

11.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received three awards of the Army Commendation Medal which are properly shown on a DD Form 215.  There is no evidence of record which shows the applicant received a fourth award of the Army Commendation Medal.  Therefore, there is insufficient evidence on which to amend his DD Form 214 to show the Army Commendation Medal with Third Oak Leaf Cluster.

2.  There are no orders for a marksmanship qualification badge with Rifle (M-16) Bar in the applicant’s service personnel records.  Therefore, there is insufficient evidence on which to amend his DD Form 214 to show a marksmanship qualification badge with Rifle (M-16) Bar.  

3.  The applicant’s unit received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit citation.

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 adding the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to 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 amending his DD Form 214 to show award of the Army Commendation Medal with Third Oak Leaf Cluster or a marksmanship qualification badge with Rifle (M-16) Bar.



      ________XXX______________
               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)                                         AR20080009689



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080009689



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1