IN THE CASE OF:	  

		BOARD DATE:	       30 JULY 2009

		DOCKET NUMBER:  AR20090003023 


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 1968 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect award of two Army Commendation Medals.

2.  The applicant states he was awarded two Army Commendation Medals while serving in Vietnam but notes neither award was recorded on his DD Form 214.  He states he recently discovered the error.

3.  The applicant provides copies of two Army Commendation Medal certificates, one dated 21 July 1968 and the other dated 18 August 1968.

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 on 9 August 1966.  Following completion of training, the applicant was assigned to Fort Hood Texas.  In January 1967 he was punished under Article 15 of the Uniform Code of Military Justice (UCMJ) for speeding.  His punishment included a forfeiture of $20.00 pay.

3.  In July 1967 the applicant was reassigned to the 15th Engineer Battalion in Vietnam.  By January 1968 he had been promoted to pay grade E-5.  On 29 July 1968 he departed Vietnam and, on 31 July 1968, he was released from active duty with an honorable characterization of service.  The applicant’s conduct and efficiency ratings throughout his military service were "excellent" and he has no record of a conviction by a court-martial.

4.  Item 24 (decorations, medals, badges, commendations, citations, and campaign ribbons awarded or authorized) on his 1968 DD Form 214 reflects the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and qualification as a sharpshooter with the M-14 rifle.

5.  The Army Commendation Medal certificates provided by the applicant in support of his request indicate that on 21 July 1968 he was awarded an Army Commendation Medal for meritorious service between 1 August 1967 and 
21 July 1968.  The second certificate is dated 18 August 1968 and indicates he was awarded an Army Commendation Medal for meritorious service between 
3 June 1968 and 24 July 1968.

6.  Neither award of the Army Commendation Medal was contained in the applicant’s Official Military Personnel File.  However, a 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, revealed an order confirming award of the Army Commendation Medal for the period 1 August 1967 to 21 July 1968.

7.  Army Regulation 600-8-22 (Military Awards) states that awards of decorations will be announced in permanent orders by the commanders authorized to make the awards.


8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in four campaigns (Vietnam Counteroffensive Phases III, IV, and V and Tet Counteroffensive).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

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 cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by Department of the Army General Order Number 31, dated 1969.  The pamphlet also notes the applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by Department of the Army General Order 59, dated 1969.

10.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provides that the 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.  Although the applicant may have award certificates for two awards of the Army Commendation Medal, only one of the awards can be confirmed in orders as required by the Army Regulation.  In the absence of evidence that the Army Commendation Medal for the period 3 June 1968 to 24 July 1968 was in fact confirmed in orders, there is no basis to validate the award and record it on the applicant’s DD Form 214.

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 evidence also confirms the applicant is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  In spite of the fact that the applicant was punished under Article 15 of the UCMJ in 1967, the incident was minor and should not overshadow other accomplishments the applicant achieved during his period of military service including his successful tour of duty in Vietnam, attainment of pay grade E-5, and receipt of "excellent" conduct and efficiency ratings.  Therefore, in the interest of justice and equity it would be appropriate to award the applicant the Army Good Conduct Medal (First Award) for the period 9 August 1966 to 31 July 1968 and to have it added 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:

   a.  by awarding him the Army Good Conduct Medal for the period 9 August 1966 to 31 July 1968; 

	b.  amending his 1968 DD Form 214 to add award of one Army Commendation Medal; and

	c.  amending his 1968 DD Form 214 to add the Army Good Conduct Medal, four bronze service stars to be worn on his already-awarded Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 correction of his 1968 DD Form 214 to show award of a second Army Commendation Medal.




      _______ _  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)                                         AR20090003023



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ABCMR Record of Proceedings (cont)                                         AR20090003023



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