IN THE CASE OF:	

		BOARD DATE:	9 July 2009    

		DOCKET NUMBER:  AR20080019483 


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 records be corrected to reflect award of an Army Commendation Medal and a Bronze Star Medal.

2.  The applicant states he was awarded the Army Commendation Medal for the period 1 October 1968 through February 1969 and the Bronze Star Medal for the period 1 October 1968 to 31 May 1969.

3.  The applicant provides no evidence in support of his request.

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.  Records available to the Board indicate the applicant was inducted and entered active duty as an enlisted Soldier on 29 November 1967.  Following completion of training and a brief assignment with an infantry unit at Fort Campbell, Kentucky, the applicant was reassigned to the 801st Maintenance Battalion with the 101st Airborne Division in Vietnam.  His records indicate he arrived in Vietnam in September 1968.  By November 1968 he had been promoted to pay grade E-4.

3.  According to an Army Commendation Medal certificate and citation, contained in the applicant’s Official Military Personnel File (OMPF), on 9 April 1969 the applicant was awarded an Army Commendation Medal for “exceptionally meritorious achievement” during the period 1 October 1968 to 28 February 1969.  The certificate bares the signature of Major General Melvin Zais, who commanded the 101st Airborne Division between July 1968 and May 1969.  The applicant’s file, however, does not contain a copy of the orders confirming the award and a review of ADCARS (Awards and Decorations Computer Assisted Retrieval System) failed to reveal a copy of such an order.  The award citation recognized the applicant’s “outstanding performance during the cited period” and noted that he performed in a highly professional and efficient manner while he “set an example that inspired his associates to strive for maximum achievement.”  The citation did not detail any specific achievements.

4.  On 10 July 1969 orders were issued by the 101st Airborne Division awarding the applicant the Bronze Star Medal for the period 1 October 1968 to 31 May 1969 for “meritorious service” in connection with ground operations against a hostile force.  The citation for this award, also contained in his OMPF, notes the applicant “consistently obtained outstanding results” and that his energetic application of his extensive knowledge has materially contributed to the efforts of the United States Mission to the Republic of Vietnam….”

5.  The applicant departed Vietnam in August 1969 and on 2 September 1969 was released from active duty with an honorable characterization of service.  His conduct and efficiency ratings throughout his military service were excellent and there is no record of any indiscipline in his OMPF. 

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his 1969 DD Form 214 reflects the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and qualification as an expert with the M-14 rifle.



7.  Army Regulation 600-8-22 (Military Awards) state that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  The award of a decoration in recognition of a single act of heroism or meritorious achievement does not preclude an award for meritorious service at the termination of an assignment. Recommendations for award of a decoration for meritorious service will not refer to acts of heroism or meritorious achievements which have been previously recognized by award of a decoration. 

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant’s tours in Vietnam he participated in four campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  The applicant’s DD Form 214 reflects entitlement to the Vietnam Service Medal but does not reflect any bronze service stars denoting campaign participation.

9.  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 unit, to which the applicant was assigned, was awarded a Meritorious Unit Commendation for the period 1 November 1968 through 31 May 1969 by Department of the Army General Order Number 39, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by Department of the Army General Order Number 48, dated 1971.  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.  



DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was awarded a Bronze Star Medal.  His 1969 DD Form 214 should be corrected accordingly.

2.  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 already-awarded Vietnam Service Medal.

3.  The applicant was assigned to a unit that was awarded a Meritorious Unit Citation and the Republic of Vietnam Civil Actions Honor Medal Unit Citation.  His records should be corrected accordingly.

4.  The applicant is also entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974 as a result of his service in Vietnam.

5.  The evidence of record shows the applicant met the criteria for award of the Army Good Conduct Medal; however, this award is not shown on DD Form 214.  There is no evidence in the records which shows the applicant was disqualified for this award.  The applicant is therefore entitled to award of the Army Good Conduct Medal (First Award), for the period 29 November 1967 to 2 September 1969 and to have it added to his DD Form 214.

6.  Notwithstanding the fact that the applicant’s record does contain an award certificate and a citation for the Army Commendation Medal, there is no evidence the award was confirmed in orders issued by an appropriate authority.  Additionally, it is noted that the Army Commendation Medal does not cite any specific achievement by the applicant and in fact appears to duplicate the applicant’s performance which was ultimately recognized by the higher award of the Bronze Star Medal for the same period covered by the Army Commendation Medal.  As such, under the provisions of the Army Regulation 600-8-22, which preclude awards for the same period and in the absence of orders confirming the award, there is insufficient evidence for the Board to correct the applicant’s records to show he was awarded an Army Commendation 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:

   a.   showing the applicant was awarded a Bronze Star Medal;
   
   b.  adding four bronze service stars to his already Vietnam Service Medal;
   
   c.  showing he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and a Meritorious Unit Commendation; and
   
   d.  by awarding him the Army Good Conduct Medal for the period 
29 November 1967 to 2 September 1969.
   
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 award of the Army Commendation Medal.  



      _______ _   _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)                                         AR20080019483





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ABCMR Record of Proceedings (cont)                                         AR20080019483



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