IN THE CASE OF:	  

		BOARD DATE:	       5 MAY 2009

		DOCKET NUMBER:  AR20080019368 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Bronze Star Medal and the Army Commendation Medal.  

2.  The applicant states that these medals were not listed on his military discharge document upon separation.

3.  The applicant provides the following documents in support of his application:  his DD Form 214; his award certificate, dated 19 April 1970, for award of the Bronze Star Medal; General Orders Number 2423, dated 15 April 1970, awarding him the Bronze Star Medal; his award certificate, dated 1 May 1970, for award of the Army Commendation Medal; his separation orders, dated 16 April 1970; his request for award of the additional military occupational specialty (MOS) 11B4O (light weapons infantryman), dated 19 April 1970; and his request for award of the Combat Infantryman Badge, dated 19 April 1970.  

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 into the Army of the United States on 15 August 1968.  At the completion of basic combat training and advanced individual training, he was awarded MOS 31B (field radio mechanic).  His highest grade attained was sergeant, E-5.  He was assigned to Vietnam on 29 May 1969 with Company A, 1st Battalion, 12th Infantry, 4th Infantry Division.  

3.  Headquarters, General Orders Number 804, dated 6 February 1970, awarded the applicant the first award of the Army Good Conduct Medal for the period 15 August 1968 to date of separation on or about 28 March 1970.  

4.  Headquarters, 4th Infantry Division, General Orders Number 2423, dated 15 April 1970, show the applicant was awarded the Bronze Star Medal for meritorious achievement during the period 7 December 1969 to 7 January 1970.

5.  The applicant provided an award certificate, dated 1 May 1970, which shows he was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam from May 1969 to May 1970.  There are no orders which authorize him award of the Army Commendation Medal.  

6.  The applicant was released from active duty on 4 May 1970.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and two Overseas Service Bars.  

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System, 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.

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 that, at the time of the applicant's assignment to Company A, 1st Battalion, 12th Infantry, 4th Infantry Division, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 3, dated 1970.

9.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to Company A, 1st Battalion, 12th Infantry, 4th Infantry Division, the unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army General Orders Number 53, dated 1970.

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.

11.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in the Tet 69 Counteroffensive 1969 Campaign, the Vietnam Summer-Fall 1969 Campaign, the Vietnam Winter-Spring 1970 Campaign, and the Sanctuary Counteroffensive Campaign.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Bronze Star Medal for meritorious achievement during the period 7 December 1969 to 7 January 1970.  Therefore, the Bronze Star Medal should be added to his DD Form 214.

2.  The applicant provided an award certificate for the Army Commendation Medal.  Regrettably, however, absent orders authorizing him award of the Army Commendation Medal, this document alone is not sufficient to support correction of his records to show award of the Army Commendation Medal.  However, if the applicant has orders for award of the Army Commendation Medal, he is advised to provide a copy of these orders for reconsideration of his request.

3.  General orders show the applicant was awarded the first award of the Army Good Conduct Medal.  Therefore, this award should be added to his DD Form 214.

4.  The applicant was assigned to Company A, 1st Battalion, 12th Infantry, 4th Infantry Division during a period the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these foreign unit awards should be added to his DD Form 214.

5.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to the previously awarded Vietnam Service Medal.

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 amending his DD Form 214 to add award of the Bronze Star Medal, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam 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 showing the Army Commendation Medal on his DD Form 214.  




      _______ _   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)                                         AR20080019368



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ABCMR Record of Proceedings (cont)                                         AR20080019368



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