IN THE CASE OF:	 

		BOARD DATE:	 26 January 2010 

		DOCKET NUMBER:  AR20090013503 


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 award of the Army Commendation Medal.

2.  The applicant states he was awarded the Army Commendation Medal, but it is not recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He adds that he would also like to receive the Army Commendation Medal set.

3.  The applicant provides, in support of his application, copies of the orders, certificate, and citation for his Army Commendation Medal.

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 entered active duty for a period of 2 years on 20 February 1968.  Upon completion of training, he was awarded military occupational specialty (MOS) 64A (Light Wheel Vehicle Driver).

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) from 23 February through 10 October 1969;

   b.  item 38 (Record of Assignments) that he was assigned to Company A,
1st Supply and Transport Battalion, 1st Infantry Division (RVN), from 2 March through 9 October 1969;

   c.  item 39 (Campaigns) is blank; and 

   d.  item 41 (Awards and Decorations) the National Defense Service Medal, Vietnam Service Medal, and one Overseas Service Bar.

4.  The applicant's military personnel records do not contain any orders or other evidence that shows he was awarded the Army Commendation Medal.

5.  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 award orders pertaining to the applicant.

6.  The applicant's DD Form 214 shows he was honorably released from active duty on 11 October 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  At the time he had completed 1 year, 7 months, and 22 days of net active service and
7 months and 19 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Republic of Vietnam Campaign Medal, and Vietnam Service Medal.

7.  In support of his application, the applicant provides copies of Headquarters, 1st Infantry Division, General Orders Number 11764, dated 2 October 1969;
The Army Commendation Medal Certificate, dated 1 December 1969; and The Army Commendation Medal Citation.  These documents show the applicant was awarded the Army Commendation Medal for meritorious achievement in the RVN from 1 June to 1 September 1969.
8.  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.

9.  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.

10.  Headquarters, 1st Basic Combat Training Brigade, Fort Jackson, South Carolina, Special Orders Number 110, dated 21 May 1968, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.

11.  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 Tet 69 Counteroffensive (23 February 1969 - 8 June 1969) and Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969) 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.

12.  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 Company A, 1st Supply and Transport Battalion, the battalion was cited for award of the:
   
   a.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 50, dated 1973; and
   
   b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 8, dated 1974.

13.  Army Regulation 600-8-22 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.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
14.  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 award of the Army Commendation Medal because he received the orders, certificate, and citation for the award.  He also requests the issuance of the Army Commendation Medal set.

2.  General Orders 11764 awarded the applicant the Army Commendation Medal for meritorious achievement in the RVN from 1 June to 1 September 1969. Therefore, it would be appropriate to show the award on his DD Form 214.

3.  The applicant served a qualifying period of active duty service for the first award of the Army Good Conduct Medal for the period 20 February 1968 to 
11 October 1969.  Therefore, it would be appropriate to approve this award and show it on his DD Form 214.

4.  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 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.

5.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to show the badge on his DD Form 214.

6.  The applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

7.  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:

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

   b.  awarding him the Army Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 20 February 1968 to 11 October 1969; 

   c.  adding to item 24 of his DD Form 214 the Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and
   
   d.  authorizing issuance of the above awards to him. 




      _______ _   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)                                         AR20090013503



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ABCMR Record of Proceedings (cont)                                         AR20090013503



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