IN THE CASE OF:	  

		BOARD DATE:	    29 April 2010

		DOCKET NUMBER:  AR20090018182 


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.

2.  The applicant states, in effect, in spite of being awarded the Army Commendation Medal, it is not posted on the DD Form 214 he was issued upon release from active duty.  He recently discovered this administrative oversight during a meeting with a representative at the Department of Veterans Affairs Medical Center.

3.  As documentary evidence in support of this application, the applicant provides a DD Form 214, an award citation, award certificate, and photographs of an Army Commendation Medal set.

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 record shows he was inducted into the Army of the United States on 10 October 1966.  He completed the initial entry training requirements and he was awarded military occupational specialty (MOS) 05C (Radio Teletype Operator).  The highest rank/grade he attained while serving on active duty was sergeant/pay grade E-5.  He was released from active duty on 15 July 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training), due to the expiration of his term of service.  He completed 1 year, 9 months, and 6 days of active service during this period.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 14 July 1967 to 13 July 1968.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he was assigned to Headquarters and Headquarters Battery, 5th Battalion (Antiaircraft Weapon Self-Propelled), 2d Artillery Regiment for the duration his tour of duty in the Republic of Vietnam.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 and Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 show he was awarded or authorized to wear the National Defense Service Medal, Vietnam Service Medal, [Republic of] Vietnam Campaign Medal [with 1960 Device], and Army Good Conduct Medal.  Neither of these forms shows award of the Army Commendation Medal.

6.  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 U.S. Army Human Resources Command, confirmed the applicant was awarded the Army Commendation Medal.

7.  Headquarters, II Field Force Vietnam, General Orders Number 218, dated 27 September 1968, awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile force while in the Republic of Vietnam from June 1967 to July 1968.

8.  The applicant provides copies of the award citation, award certificate, and photographs of the Army Commendation Medal set he was presented to commemorate his receipt of the above award.
9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows the unit the applicant was assigned to while serving in the Republic of Vietnam was cited for:
   
   a.  award of the Meritorious Unit Commendation for the period of 5 April 1967 through 30 September 1968 based on Department of the Army General Orders Number 60, dated 1969.  
   
   b.  award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period of 2 December 1966 through 15 January 1971 based on Department of the Army General Orders Number 51, dated 1971, as amended by Department of the Army General Orders Number 54, dated 1974.

10.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam and states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During the applicant's tour in the Republic of Vietnam he participated in four campaigns:  

* Vietnamese Counteroffensive Phase III, 1 June 1967 - 29 January 1968
* TET Counteroffensive, 30 January - 1 April 1968
* Vietnamese Counteroffensive Phase IV, 2 April - 30 June 1968
* Vietnamese Counteroffensive Phase V, 1 July - 1 November 1968

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show award of the Army Commendation Medal was carefully considered and determined to have merit.

2.  General orders awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam.  Therefore, the applicant is entitled to have his DD Form 214 corrected to show this medal.

3.  General orders show the applicant's unit was awarded the Meritorious Unit Commendation during his assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  General orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show this foreign unit award.
5.  Records show the applicant was awarded the Vietnam Service Medal.  Evidence shows that he participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to wear four bronze service stars worn on his already-awarded Vietnam Service 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 adding the following to Item 24 of his DD Form 214:

* the Army Commendation Medal
* the Meritorious Unit Commendation
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation
* four bronze service stars to be affixed to his previously-awarded Vietnam Service 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)                                         AR20090018182



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ABCMR Record of Proceedings (cont)                                         AR20090018182



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