BOARD DATE:	  7 January 2010

		DOCKET NUMBER:  AR20090013761 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal and that he earned his General Educational Development (GED) Diploma. 

2.  The applicant states that he was awarded the Army Commendation Medal but it is not listed on his DD Form 214.  He also states that he dropped out of high school but earned his GED 10 years later and wishes to have it listed on his DD Form 214.  

3.  The applicant provides a copy of his GED Diploma, dated 7 September 1978; a copy of his DD Form 214, dated 9 November 1971; and a copy of General Orders Number 11610, citation, and certificate, issued by Headquarters, Americal Division, on 3 September 1970 showing award of the Army Commendation Medal, in support of his request.

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's records show he was inducted into the Army of the United States and entered active duty on 3 September 1969.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 13B (Field Artillery Crewmember).  He was honorably retired in the rank/grade of specialist four (SP4)/E-4 on 9 November 1971 by reason of permanent disability.

3.  The applicant’s records show he served in the Republic of Vietnam from on or about 29 January to 23 July 1970.  He was assigned to Battery B, 3rd Battalion, 82nd Artillery. 

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal with one bronze service star, the Vietnam Campaign Medal, one overseas service bar, the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 24 does not show award of the Army Commendation Medal.

5.  Item 30 (Remarks) shows, in pertinent part, the entry "Nine Years Schooling."

6.  Headquarters, Americal Division, General Orders Number 11610, dated 3 September 1970, awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations in the Republic of Vietnam from January to July 1970.

7.  Headquarters, Americal Division, General Orders Number 9061, dated 18 July 1970, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations in the Republic of Vietnam from January to July 1970.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states, in pertinent part, that for meritorious service awards, the cited period is limited to the period of service during which the individual served under the recommending command, except in the case of retirement awards.  Only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

9.  The applicant submitted a copy of his GED Diploma, dated 7 September 1978, that shows he is certified to have the equivalent of a high school diploma. 

10.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings during his military service.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who have completed a qualified period of active duty enlisted service.  This period was 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.  

13.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.  Furthermore, Appendix B of Army Regulation 600-8-22 shows that the applicant participated in three campaigns during his tour of duty in the Republic of Vietnam as follows:  the Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970); DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1970); and Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's tenure of assignment to the 3rd Battalion, 82nd Infantry, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 
31 March 1970 to 30 June 1970 based on Department of the Army General Orders Number 39, dated 1970.

15.  Army Regulation 635-5 (Separations Document) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the 
DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  Item 18 of the version in effect at the time listed the member's highest level of education.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Army Commendation Medal and his GED Diploma.

2.  The evidence of records shows the applicant was awarded the Army Commendation Medal and the Bronze Star Medal for meritorious service in connection with military operations in the Republic of Vietnam for the same period of service (from January to July 1970).  It appears that after he was awarded the Bronze Star Medal on 18 July 1970, he was also awarded the Army Commendation Medal for the same period of service on 3 September 1970.  By regulation, only one decoration is awarded to an individual for the same act, achievement, or period of meritorious service.  He is therefore entitled to correction of his DD Form 214 to show the higher award, the Bronze Star Medal. 

3.  The evidence of record confirms that the applicant served honorably during the period 3 September 1969 through 9 November 1971.  He served in Vietnam, was awarded the Bronze Star Medal, attained the rank/grade of SP4/E-4, and received "excellent" conduct and efficiency ratings throughout his military service. In the absence of any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and to correct his records to show this award.

4.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  With respect to his GED Diploma, the evidence of record shows that at the time of his retirement, the applicant had completed 9 years of schooling which is correctly shown on his DD Form 214.  He completed his GED 10 years after his retirement and as such, there is no provision to list it on 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.  deleting the Vietnam Service Medal with one bronze service star from his DD Form 214;

	b.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 3 September 1969 through 9 November 1971; and

	c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal 
(1st Award), the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Service Medal with three bronze service stars.

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 the applicant’s Army Commendation Medal and GED Diploma. 



      _______ _   __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)                                         AR20090013761



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ABCMR Record of Proceedings (cont)                                         AR20090013761



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