IN THE CASE OF:	  

		BOARD DATE:	  26 March 2009

		DOCKET NUMBER:  AR20080017954 


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 the Bronze Star Medal, Army Commendation Medal, and the Good Conduct Medal be added to his DD Form 214 (Armed Forces of the United States, Report of Transfer or Discharge).  The applicant further requests that any other award to which he may be entitled also be added to his DD Form 214.

2.  The applicant states, in effect, that his DD Form 214 does not reflect these awards.

3.  In support of his request, the applicant submits a copy of his DD Form 214; a copy of General Orders Number 10496 published by Headquarters, Americal Division, on 13 August 1970, awarding him the Good Conduct Medal; a copy of an award certificate and an accompanying citation for the Army Commendation Medal; and a copy of a award certificate and an accompanying citation for the Bronze Star Medal.

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 was inducted into the Army of the United States on 11 February 1969.  He completed basic combat training at Fort Bliss, Texas and advanced individual training at Fort Ord, California.  After completing all required training, he was awarded military occupational specialty (MOS) 36K (Wireman).

3.  The applicant served in Vietnam from 3 July 1969 through 14 September 1970 with Headquarters and Headquarters Company, 1st Battalion, 46th Infantry Regiment, 198th Infantry Brigade.

4.  The applicant was honorably released from active duty, on 15 September 1970, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 5, as an early release of overseas returnee.  He was separated in the rank and pay grade of specialist four (SP4)/E-4.  On the date he was released from active duty, he had completed 1 year, 7 months, and 5 days active military service, with no time lost.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-14 Rifle], Marksman Marksmanship Qualification Badge with Automatic Rifle Bar [M-16 Rifle]; Vietnam Service Medal; and 2 overseas service bars.  The Bronze Star Medal, Army Commendation Medal, and the Good Conduct Medal are not shown on the applicant's DD Form 214.

6.  Item 41 (Awards and Decorations) of the DA Form 20 (Enlisted Qualification Record) shows the applicant was awarded the Bronze Star Medal by General Orders Number 11183, published by Headquarters, Americal Division, dated     23 August 1970.  The applicant provided a copy of these orders.  The Army Commendation Medal and the Good Conduct Medal are not shown as authorized awards.

7.  The applicant submitted a copy of a citation and a copy of an awards certificate awarding him the Army Commendation Medal for meritorious service in the Republic of Vietnam from September 1969 to September 1970.  The applicant did not submit a copy of the general orders to support this award to him and its addition to his DD Form 214.

8.  There are no orders in the applicant's personnel records awarding him the Army Commendation Medal.

9.  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 Army Commendation Medal.

10.  The applicant was awarded the Good Conduct Medal (first award) for the period from 11 February 1969 to DOSOA [date of separation on or about]
14 September 1970, by General Orders Number 10496, published by Headquarters, Americal Division, dated 13 August 1970.  A copy of these orders were provided by the applicant and are on file in his personnel records.

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

12.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which he is entitled for his campaign participation.  While in Vietnam, the applicant participated in the following four campaigns of the Vietnam War:  Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969; Vietnam Winter-Spring 1970 (1 November   1969 - 30 April 1970; Sanctuary Counteroffensive (1 May 1970 - 30 June 1970; and Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971).

13.  The applicant served in Vietnam in excess of 6 months.  His DD Form 214 does not show his entitlement to the Republic of Vietnam Campaign Medal with Device (1960).

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the periods 24 August 1969 through 31 December 1969 and 31 March 1970 through 30 June 1970, by Department of the Army General Order (DAGO) Number 42, dated 1972 and for the period 16 April 1969 through 28 August 1969 by DAGO 6, dated 1974; and the Valorous Unit Award, for the period 11 August 1969 through 31 August 1969, by DAGO 43, dated 1972.  This publication also states that although wear of multiple awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation is not authorized, official military personnel and historical records will indicate all awards received.

15.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  The Government of Vietnam awarded this medal to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces.

17.  Army Regulation 600-8-22 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.

18.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded the Bronze Star Medal and the Good Conduct Medal (first award).  These awards are not shown on the applicant's DD Form 214.  Therefore, it would be appropriate to add these awards to his DD Form 214.

2.  The applicant provided a copy of a citation and award certificate awarding him the Army Commendation Medal while he served in Vietnam; however, he provided no general orders showing he was awarded the Army Commendation Medal.  No 
evidence was found either in his service personnel record or in the ADCARS data base to support award of the Army Commendation Medal.  Therefore, there is insufficient evidence available to support addition of the Army Commendation Medal to his DD Form 214.

3.  The applicant served in 4 campaigns while he served in Vietnam.  He is therefore entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have these 4 bronze service stars added to his DD Form 214.

4.  The applicant served in Vietnam in excess of 6 months.  Therefore, he is entitled to award of the Republic of Vietnam Campaign Medal with Device (1960) and to have this award added to his DD Form 214.

5.  The applicant served in a unit which was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation (3 Awards) and the Valorous Unit Award.  These unit awards are not shown on his DD Form 214.  Therefore, he is entitled to wear these unit awards and to have them added to his DD Form 214 at this time.

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 item 24 of his DD Form 214 the Vietnam Service Medal; and

	b.  adding to Item 24 of his DD Form 214 the Bronze Star Medal, Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation (3 Awards), and the Valorous Unit Award.

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 the applicant's request to add the Army Commendation Medal 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)                                         AR20080017954



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080017954



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1