IN THE CASE OF:	

		BOARD DATE:	 21 April 2009 

		DOCKET NUMBER:  AR20080017662 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his awards of the Meritorious Service Medal (MSM) and the Army Good Conduct Medal (AGCM).

2.  The applicant states that he received his meritorious certificate 1 day before presentation of medals and that he had to fly out of Da Nang, South Vietnam, the next morning.  He also states that he received orders for award of the AGCM at home after he was discharged.

3.  The applicant provides a copy of his DD Form 214, a copy of a certificate of achievement and a copy of orders awarding him the AGCM.

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 in Detroit, Michigan, on 18 November 1966.  He completed his basic training at Fort Leonard Wood, Missouri, and his advanced individual training (AIT) as a general clerk at Fort Polk, Louisiana, before being transferred to Vietnam on 1 May 1967.  He was initially assigned as a clerk and was subsequently reclassified as a unit supply specialist on 9 September 1967.

3.  He was promoted to the pay grade of E-5 on 12 March 1968 and departed Vietnam on 25 April 1968 for assignment to Fort Leonard Wood as a supply sergeant in a basic training company.

4.  On 16 September 1968, he was honorably released from active duty (REFRAD) for the purpose of entering or returning to a college, university, or equivalent educational institution.  He had served 1 year, 9 months, and 29 days of total active service and his DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

5.  The Certificate of Achievement provided by the applicant indicates that he was awarded the certificate for meritorious performance of duty during the period of 26 April 1967 to 25 April 1968.

6.  The orders provided by the applicant indicate that he was awarded AGCM for the period of 17 November 1966 to 16 September 1968 on 27 September 1968.

7.  A review of the applicant's official records as well as a search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, failed to show that the applicant was awarded any individual awards during his tour in Vietnam.

8.  Army Regulation 600-8-22 (Military Awards) provided, in pertinent part at the time, that the MSM was awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguished themselves by outstanding meritorious achievement or service in a noncombat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations but not for late recommendations, reconsideration, nor for upgrading to a more prestigious award.  The regulation also provides that there is no automatic entitlement to an award upon departure either from an assignment or from the service.
9.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the official military personnel file, the military personnel records jacket, the career management individual file, and Army personnel qualification records.  In pertinent part, this regulation states that for U.S. military decorations, the only acceptable source of documentation is the order, letter, or memorandum which awards the decoration.  Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.  The DD Form 214 alone should not be the sole basis for recording a decoration.  This document may be used to initially enter a decoration; however, if the validity of the award on the DD Form 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.  Letters of commendation and certificates of achievement will not be entered on individual records.

10.  Army Regulation 600-8-104 also provides that commanders may recognize periods of faithful service, acts, or achievements which do not meet the standards required for decorations by issuing individuals a Certificate of Achievement.  The citation on such certificates will not be worded so that the act or service performed appears to warrant the award of a decoration.  No distinguishing device is authorized for wear to indicate the receipt of a Certificate of Achievement and copies of the Certificate of Achievement will be filed in the official records of the individual concerned.

11.  Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214.  It provides, in pertinent part, that only those awards authorized by Army Regulation 600-8-22 and authorized for entry onto records by Army Regulation 600-8-104 will be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to reflect his award of the AGCM has been noted and found to have merit.  The orders awarding him the AGCM were published after he had been REFRAD and thus the AGCM was not entered on his DD Form 214.  Accordingly, it would be appropriate to do so at this time.

2.  The applicant's contention that his records should be corrected to reflect the award of the MSM has also been noted and found to lack merit.  The Certificate of Achievement for meritorious performance of duty does not constitute an award of the MSM and the available evidence of record does not show that he was ever awarded the MSM.  Additionally, Certificates of Achievement are not entered on the DD Form 214.

3.  Accordingly, there is no basis to enter the award of the MSM or to add the Certificate of Achievement to his DD Form 214.

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 adding the award of the AGCM 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 adding the award of the MSM to his DD Form 214.



      ___________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)                                         AR20080017662



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ABCMR Record of Proceedings (cont)                                         AR20080017662



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