IN THE CASE OF:	 

		BOARD DATE:	  8 December 2009

		DOCKET NUMBER:  AR20090011425 


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 records to show two awards of the Army Commendation Medal and award of the Army Good Conduct Medal.

2.  The applicant states he was honorably discharged from active duty, which qualifies him for award of the Army Good Conduct Medal.  He also states he received orders for a second Army Commendation Medal after he was released from active duty (REFRAD), but he no longer has a copy of the award orders.

3.  The applicant provides, in support of his application, a copy of his Honorable Discharge Certificate from the U.S. Army Reserve (USAR), dated 1 May 1975, and a copy of the following orders:

   a.  Headquarters, U.S. Army Personnel Center, Fort Lewis, WA, Special Orders Number 110, dated 20 April 1971, that show the applicant was REFRAD on 20 April 1971 and transferred to the USAR Control Group (Annual Training), effective 21 April 1971, to complete his remaining Reserve obligation.

	b.  Headquarters, Office of The Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 05-268435, dated 8 May 1974, that show the applicant was transferred from the USAR Control Group (Annual Training) to the USAR Control Group (Standby), effective 26 May 1974, upon fulfilling his Ready Reserve obligation.


	c.  Headquarters, Office of The Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Letter Orders Number 04-1115860, dated 22 April 1975, that show the applicant was honorably discharged from the USAR, effective 1 May 1975.

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 and he entered active duty for a period of 2 years on 26 May 1969.  Upon completion of training he was awarded military occupational specialty (MOS) 73C (Pay Disbursing Specialist).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  Item 31 (Foreign Service) he was assigned to the Republic of Vietnam (RVN) on 30 May 1970;

   b.  Item 38 (Record of Assignments) that he was assigned to the
4th Administration Company, 4th Infantry Division (RVN) from 13 June through 
10 December 1970, and then assigned to the 64th Finance Section (RVN) from 
11 December 1970 through 15 April 1971;

   c.  Item 39 (Campaigns) that he served in the RVN during the [then unnamed] 13th campaign; and in

   d.  Item 41 (Awards and Decorations) that he was awarded the National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal, Republic of Vietnam Campaign Medal with Device (1960), one Overseas Service Bar, and the Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar.

4.  Headquarters, 4th Infantry Division (RVN), General Orders Number 5160, dated 16 October 1970, show the applicant was awarded the Army Commendation Medal for meritorious achievement in the RVN from 23 August to 10 September 1970 (sic).

5.  The applicant's military personnel records do not contain any orders or other evidence that shows he was awarded or received more than one award of the Army Commendation Medal.

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  The applicant's records show he received "excellent" conduct and efficiency ratings throughout his entire period of military service and there is no evidence that the applicant's commander denied him award of the Army Good Conduct Medal.

7.  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, failed to reveal any additional award orders pertaining to the applicant.

8.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably REFRAD on 20 April 1971 and he transferred to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation.  At the time he had completed 1 year, 10 months, and 25 days of net active service and 10 months and 20 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), Army Commendation Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, and one Overseas Service Bar.

9.  A review of the applicant's military personnel records shows he may be authorized additional awards that are not shown on his DD Form 214.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists campaigns for Vietnam.  This document shows that the applicant served in the RVN during the Sanctuary Counteroffensive (1 May 1970 - 30 June 1970) and the Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) campaigns.  This regulation also provides, in pertinent part, for 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.
11.  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 the 4th Administration Company, 4th Infantry Division (RVN), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 52, dated 1971.

12.  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.  This Army regulation also provides that an oak leaf cluster is awarded to denote the second and each succeeding award of certain decorations, among which is the Army Commendation Medal.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  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 qualifying 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show two awards of the Army Commendation Medal and an award of the Army Good Conduct Medal because he received orders for a second Army Commendation Medal after his REFRAD and he served honorably on active duty to qualify for award of the Army Good Conduct Medal.

2.  General orders awarded the applicant the Army Commendation Medal for meritorious achievement in the RVN from 23 August to 10 September 1970 and item 24 of his DD Form 214 shows this award.

3.  There is no evidence of record and the applicant did not provide any evidence that shows he was awarded a second award of the Army Commendation Medal.  
The applicant also acknowledges that he is unable to provide a copy of any such orders.  As a result, there is insufficient evidence to support the applicant's claim 

to a second award of the Army Commendation Medal.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

4.  The applicant served a qualifying period of active duty service for the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to show this award on his DD Form 214.

5.  The applicant qualified for award of the Vietnam Service Medal and he served in two campaigns during his service in the RVN.  Therefore, it would also be appropriate to correct his DD Form 214 to show award of two bronze service stars for wear on his already-awarded Vietnam Service Medal.

6.  The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

   b.  awarding him the Army Good Conduct Medal (1st award) for exemplary conduct, efficiency, and fidelity for the period 26 May 1969 to 20 April 1971; and

   c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (1st award), Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm 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 a second 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)                                         AR20090011425



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ABCMR Record of Proceedings (cont)                                         AR20090011425



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