IN THE CASE OF:	

		BOARD DATE:	  15 December 2009

		DOCKET NUMBER:  AR20090011646 


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 two awards of the Army Commendation Medal.

2.  The applicant states that he wants his record straight.

3.  The applicant provides orders for two awards of the Army Commendation Medal 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 (RA) on 31 January 1969 for a period of 2 years.  He served as a light weapons infantryman in Vietnam from
24 June 1969 to 23 July 1970.  On 8 December 1970, the applicant was released from active duty in the rank of specialist four (SP4) after completing 1 year, 10 months, and 7 days of creditable active service with no time lost.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal, Air Medal, "ELEVENTH Vietnam Summer-Fall 1969," Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with M-60 Bar as authorized awards.

4.  Headquarters, 1st Infantry Division, General Orders Number 15907, dated 
24 November 1969, show the applicant received the Army Commendation Medal for meritorious achievement for the period 20 September 1969 to 
12 October 1969.

5.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 8948, dated 10 August 1970, show the applicant received the Army Commendation Medal for meritorious achievement for the period 1 March 1970 to 31 July 1970.

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

7.  Records show the applicant participated in the following four campaigns during his tour of duty in Vietnam:  Vietnam Summer-Fall 1969 (9 June 1969 – 
31 October 1969); Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970); Sanctuary Counteroffensive (1 May 1970 – 30 June 1970); Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971).

8.  A DD Form 215 (Correction to DD Form 214), dated 9 May 1985, amended the applicant's DD Form 214 by deleting the Air Medal and the Bronze Star Medal.  This document also added to his DD Form 214 the “Air Medal with Numeral 1,” “Bronze Star Medal with four bronze stars,” Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and the Republic of 
Vietnam Civil Actions Honor Medal with First Class Unit Citation.  

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

10.  Army Regulation 672-5-1 (Awards and Decorations), 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, 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.

12.  Army Regulation 600-8-22, in pertinent part, states numerals, starting with 2, will be used to denote second and subsequent awards of the Air Medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received two awards of the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected to show the Army Commendation Medal with first oak leaf cluster.

2.  The applicant was released from active duty in the rank of SP4 with 1 year,
10 months, and 7 days of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 31 January 1969 through 8 December 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 four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.
4.  It appears the entry "Bronze Star Medal with 4 Bronze Stars" on the DD Form 215 is incorrect since the governing awards regulation states that award of a bronze service star is based on qualifying service for campaigns listed in Army Regulation 600-8-22 and that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.  Therefore, it would be appropriate to void the DD Form 215 and correct his DD Form 214 as indicated below.

5.  It appears the entry “Air Medal with Numeral 1” on the DD Form 215 is incorrect since the governing awards regulation states numerals starting with      2 denote second and subsequent awards.  It appears the applicant was awarded only one Air Medal.
 
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.  voiding the DD Form 215, dated 9 May 1985;

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

	c.  awarding him the Army Good Conduct Medal (1st award) for the period
31 January 1969 to 8 December 1970; and

	d.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Purple Heart, Air Medal, Army Commendation Medal with first oak leaf cluster, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, 


Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation.



      ___________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)                                         AR20090011646



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ABCMR Record of Proceedings (cont)                                         AR20090011646



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