IN THE CASE OF:	  

		BOARD DATE:	    8 June 2010

		DOCKET NUMBER:  AR20090020662 


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, Presidential Unit Citation, and the Presidential Battle Citation.

2.  The applicant states that the requested awards were never added to his 
DD Form 214.

3.  The applicant provides a copy of his DD Form 214 for the period ending 
27 September 1968 and a copy of The Army Commendation Medal certificate, dated 25 May 1968.

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 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 on 28 September 1966 and he held military occupational specialty 36K (Field Wireman).

3.  His records show he served in the Republic of Vietnam from on or about 18 June 1967 to on or about 11 June 1968.  He was assigned to Headquarters and Headquarters Company, 1st Battalion, 12th Infantry.   There is no indication in his records he served with any other unit in Vietnam.

4.  He was honorably released from active duty on 27 September 1968 in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal with
2 bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960).

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the requested awards.

7.  His records do not contain general orders awarding him the Army Commendation Medal.

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 pertaining to the applicant.

9.  The applicant submitted a copy of a certificate, dated 25 May 1968, that shows he was awarded the Army Commendation Medal for meritorious service in Vietnam during the period June 1967 to June 1968.

10.  Army Regulation 600-8-22 (Military Awards) 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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that the 1st Battalion,
12th Infantry was not awarded the Presidential Unit Citation during his service with this unit in Vietnam.

12.  Army Regulation 600-8-22 and Department of the Army Pamphlet 672-3 does not show the Presidential Battle Citation as a recognized award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Army Commendation Medal, Presidential Unit Citation, and Presidential Battle Citation.

2.  With respect to the Army Commendation Medal, his record is void of any formal recommendation, approval through the chain of command, or orders that show he was awarded the Army Commendation Medal.  The certificate submitted by him is insufficient by itself to grant him the requested relief.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

3.  With respect to the Presidential Unit Citation, the evidence of record shows he served with the 1st Battalion, 12th Infantry in Vietnam.  However, this unit was not awarded the Presidential Unit Citation during his period of service with this unit in Vietnam.  Additionally, there is no evidence he served with any other unit that was awarded this award.  Therefore, there is insufficient evidence to show it on his DD Form 214.

4.  With respect to the Presidential Battle Citation, this medal is neither a recognized award nor is it governed by the provisions of Army Regulation
600-8-22 and, as a result, it may not be shown on a discharge document.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20090020662



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ABCMR Record of Proceedings (cont)                                         AR20090020662



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