IN THE CASE OF:	  

		BOARD DATE:	  22 July 2010

		DOCKET NUMBER:  AR20090018155 


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, in effect, that his award of the Army Commendation Medal be added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states, in effect, that his award of the Army Commendation Medal was omitted from his DD Form 214 and he would like this omission corrected. 

3.  The applicant provides copies of his DD Form 214, his Army Commendation Medal Citation, and a 30 January 1971 award transmittal letter.

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 September 1966, completed training and was awarded military occupational specialty 36G (Manual Central Office Repairman).  To fulfill his schooling obligation requirements he reenlisted on 24 May 1967.

3.  An I Field Force Vietnam Citation shows the applicant was awarded the Army Commendation Medal for the period 23 June 1970 through 23 February 1971.

4.  An I Field Force Vietnam transmittal letter, dated 30 January 1971, states the award certificate, citation and general orders, for award of the Army Commendation Medal to the applicant, were sent to the Commanding Officer of the 54th Signal Battalion for presentation of the award.

5.  His DA Form 20 (Enlisted Qualification Record) provides the following;

	a.  service in Germany from 27 March 1967 through 18 May 1968 and in Vietnam from 23 July 1970 through 22 February 1971;

	b.  assignment, in Vietnam, to the 54th Signal Battalion from 27 July 1970 through 10 February 1971 and Headquarters and Headquarters Company, I Field Force - Vietnam from 11 February 1971 through 20 February 1971;

	c.  he served during one unnamed campaign period;

	d.  his authorized awards are the Vietnam Service Medal, National Defense Service Medal, Good Conduct Medal, and the Republic of Vietnam Campaign Medal with Device (1960); and

	e.  he qualified as a sharpshooter with the M-14 rifle and as a expert with the M-16 rifle. 

6.  The applicant was honorably released from active duty on 23 February 1971 with 4 years, 5 months and 6 days of creditable active duty.

7.  His DD Form 214 lists his awards as the National Defense Service Medal, the Expert Marksmanship Qualification Medal with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Good Conduct Medal (1st award), the Republic of Vietnam Campaign Medal with Device (1960), and one overseas service bar. 

8.  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 orders for the Army Commendation Medal.

9.  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, while the applicant was assigned to:

	a.  the 54th Signal Battalion, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order (DAGO) Number 54, dated 1974;

	b.  I Field Force - Vietnam, it was cited for award of the Meritorious Unit Commendation, under DAGO Number, 16 dated 1972; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation under DAGO Number 54, dated 1974; and

	c.  paragraph 6 states that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual, thereby, precluding wear of the Vietnamese Fourragere that represents multiple awards of the Vietnam Gallantry Cross.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

10.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the one campaign period: the Counteroffensive Phase VII, 1 July 1970-30 June 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states, in effect, that his award of the Army Commendation Medal was omitted from his DD Form 214 and he would like this omission corrected.

2.  Combining the information on the Army Commendation Medal Citation with the award transmittal memorandum is sufficient to presume that the applicant was awarded this medal just before his separation from active duty.  It is appropriate to correct the DD Form 214 to show this award.

3.  The applicant's award of the Vietnam Service Medal was omitted from his DD Form 214.  It is appropriate to correct the DD Form 214 to show this award.

4.  The applicant served in Vietnam during one campaign period and is authorized to wear a bronze service star on his Vietnam Service Medal.  It is appropriate to correct the DD Form 214 to show this award. 

5.  The applicant is authorized two Republic of Vietnam Gallantry Cross with Palm Unit Citations and the Meritorious Unit Commendation.  It is appropriate to correct the DD Form 214 to show these awards.

6.  Based on the above facts and findings it is appropriate to correct the applicant's DD Form 214 to show that, in addition to the awards currently listed, he is also authorized award of the Army Commendation Medal, Vietnam Service Medal with one bronze service star, Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd 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 showing that, in addition to the awards listed on the DD Form 214, he is also authorized award of the Army Commendation Medal, Vietnam Service Medal with one bronze service star, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd award).



      ___________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)                                         AR20090018155





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ABCMR Record of Proceedings (cont)                                         AR20090018155



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