BOARD DATE:	  10 November 2009

		DOCKET NUMBER:  AR20090009919 


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 (Report of Transfer or Discharge) to show award of the Army Commendation Medal.

2.  The applicant states that he was awarded the Army Commendation Medal for his service in Vietnam in March 1969 just before returning to the United States.  He contends that he was awarded this medal and proudly wore it on his uniform when he was on active duty and with the Virginia Army National Guard.  He also states that he had the award certificate that was awarded with the medal but it was misplaced over the years.  

3.  The applicant provides no documentary evidence in support of his application.

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 enlisted in the Regular Army on 19 July 1967 for a period of 
3 years.  He arrived in Vietnam on 13 March 1968.  He served as a communications center specialist assigned to Company A, 125th Signal Battalion of the 25th Infantry Division in Vietnam from 13 March 1968 through 10 March 1969.  On 17 July 1970, the applicant was released from active duty in the rank of sergeant after completing 2 years, 11 months, and 29 days of creditable active service with no time lost.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), two awards of the Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  Headquarters, 25th Infantry Division General Orders Number 1964, dated 
21 February 1969, show the applicant was awarded the Army Commendation Medal for meritorious service during the period March 1968 to March 1969 in Vietnam.

5.  Records show the applicant participated in five campaigns during his assignment in Vietnam. 

6.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

7.  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 publication shows the 125th Signal Battalion was awarded the Meritorious Unit Commendation for actions during the period 1 July 1967 to 
31 December 1968 based on Department of the Army General Orders (DAGO) Number 36, dated 1970.

8.  Department of the Army Pamphlet 672-3 shows the 125th Signal Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation (March 1966 to August 1968) based on DAGO Number 48, dated 1971.  His unit was awarded a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 based on DAGO Number 5, dated 1973.

9.  Paragraph 6 (Miscellaneous Information) of DA Pamphlet 672-3 states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

10.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

11.  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 Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.  This regulation provides that a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

2.  The applicant was separated in the rank of sergeant with almost 3 years of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 
19 July 1967 through 17 July 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

3.  The applicant participated in five campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The applicant's unit was awarded the Meritorious Unit Commendation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit citation.

5.  The applicant's unit was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, he is eligible to wear one of those awards.  However, his DD Form 214 should be corrected to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

___x____  ___x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the first award of the Good Conduct Medal for the period 
19 July 1967 through 17 July 1970; and 
 
	b.  adding the Army Commendation Medal, the Good Conduct Medal, the Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver service star for wear on his already-awarded Vietnam Service Medal on 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)                                         AR20090009919



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ABCMR Record of Proceedings (cont)                                         AR20090009919



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