IN THE CASE OF:	  

		BOARD DATE:	        27 MAY 2009

		DOCKET NUMBER:  AR20080019647 


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 a Certificate of Achievement for Meritorious Service be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was recommended for the "award" by his company commander, but he never received it.

3.  The applicant provides:

	a.  a copy of a Recommendation for Award memorandum, dated 2 February 1967, for the U.S. Army Vietnam (USARV) Certificate of Achievement and

	b.  a copy of a letter of commendation with endorsement, dated 3 January 1967.

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 for 2 years on 13 April 1965.  Following basic combat training at Fort Knox, KY, he was transferred to Fort Gordon, GA, for advanced individual training in military occupational specialty (MOS) 95B (Military Police).

3.  The applicant was awarded MOS 95B on or about 5 November 1965 and transferred to Fort Devens, MA.  He served at Fort Devens until on or about 28 April 1966 when he received orders to Vietnam.

4.  The applicant arrived in Vietnam on or about 18 May 1966 and was assigned to Company C, 716th Military Police Battalion with duty as a Military Policeman.  He departed Vietnam on or about 2 April 1967.

5.  The applicant’s record shows he was selected as the outstanding Soldier of Company C, 716th Military Police Battalion; the outstanding Soldier of the 716th Military Police Battalion; and he received a letter of commendation for his actions in the investigation of the fatal shooting of a Danish citizen in Saigon.

6.  On 2 February 1967, the commanding officer of Company C, 716th Military Police Battalion, recommended the applicant for the USARV Certificate of Achievement for his outstanding duty performance as a patrolman and static security guard in the Saigon-Cholon metropolitan area.  The applicant’s record does not contain a copy of the Certificate of Achievement and it cannot be determined if the recommendation was approved.

7.  USARV Regulation 672-1 (Decorations and Awards), then in effect, provided that the USARV Certificate of Achievement was awarded to military personnel serving in USARV in recognition of meritorious service, acts, or achievements which do not meet the standards for a U.S. Army decoration (e.g., Distinguished Service Medal, Legion of Merit, Bronze Star Medal, Meritorious Service Medal, or Army Commendation Medal).  It was considered appropriate for award to deserving personnel not otherwise recognized immediately prior to their departure from the Republic of Vietnam as a reward for loyal and efficient service as a member of the command.  The USARV Certificate of Achievement was not to be given in addition to any other award for the same period of meritorious service.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It provided, in pertinent part, that item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) would list awards and decorations received during the period of active duty.  Certificates were not included in item 24.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests a USARV Certificate of Achievement be added to his DD Form 214.

2.  Although the applicant has shown he was recommended for the USARV Certificate of Achievement, there is no proof it was ever approved.  Even if it had been approved, Army Regulation 635-5 did not provide for its inclusion on the DD Form 214.

3.  From the applicant’s record, it is obvious that he provided outstanding service as a Military Policeman during his almost 2 years of inducted service.  During that time he was selected as the outstanding Soldier of Company C, 716th Military Police Battalion; outstanding Soldier of the 716th Military Police Battalion; and he received a letter of commendation for his actions in the investigation the fatal shooting of a Danish citizen in Saigon.  Therefore, wants the applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ________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)                                         AR20080019647



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019647



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1