IN THE CASE OF:	  

		BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100007618 


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 he was awarded the Army Commendation Medal, Army Good Conduct Medal, and a Certificate of Appreciation.

2.  The applicant states he was awarded the Army Commendation Medal for his service in Vietnam and a Certificate of Appreciation for his service in the U.S. Army; however, the awards are not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also states that he qualified for award of the Army Good Conduct Medal, but the award was not issued or recorded on his DD Form 214.

3.  The applicant provides copies of his Army Commendation Medal certificate and citation and a Certificate of Appreciation.

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 for a period of 2 years and entered active duty on 16 April 1968.  Upon completion of training he was awarded military occupational specialty (MOS) 12A (Pioneer).  He was later awarded MOS 12B (Combat Engineer) as his primary MOS.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service) that he served in Vietnam from 3 October 1968 to 3 October 1969;

   b.  item 38 (Record of Assignments) that he was assigned to:

   (1)  Headquarters and Headquarters Company, 70th Engineer Battalion 
(Combat) (Army), from 12 October 1968 through 7 May 1969 and

   (2)  Company B, 70th Engineer Battalion (Combat) (Army), from 8 May 
through 2 October 1969;

	c.  item 39 (Campaigns) that he served in Vietnam during the Vietnam Counteroffensive Phase V and also an [as then] unnamed campaign; and

	d.  item 41 (Awards and Decorations) the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, and the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 15 April 1970 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  At the time he had completed 2 years of net active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, two Overseas Service Bars, Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar, Expert Marksmanship Qualification Badge with (M-16) Rifle Bar, Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960).


5.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded 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, failed to reveal any orders for the Army Commendation Medal pertaining to the applicant.

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.

   a.  The applicant's records show he received "excellent" conduct and efficiency ratings throughout his period of service.

   b.  There is no evidence that the applicant's commander denied him award of the Army Good Conduct Medal.

8.  The Certificate of Appreciation is not filed in his Official Military Personnel File (OMPF).

9.  The applicant provides the following documents:

   a.  DA Form 4980-14 (Army Commendation Medal Certificate) and Army Commendation Medal Citation that show he was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period 14 April to 20 October 1969.  The certificate shows it was issued on
4 September 1969 under the signature of Brigadier General J. W. Morris, Commanding General, and the Secretary of the Army.

   b.  DA Form 3522 (Certificate of Appreciation) that shows it was presented to the applicant in recognition of his faithful performance of active duty service in the U.S. Army.  The certificate shows it was issued on 15 April 1970 under the signature of General W. C. Westmoreland, Chief of Staff, Army.

10.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal with two bronze service stars to signify his participation in two campaigns.

   a.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.

   b.  Table B-1 contains a list of Vietnam campaigns and it shows that during the applicant's tour in Vietnam from 3 October 1968 to 3 October 1969, he participated in the following campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

13.  Army Regulation 600-8-22 states 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, distinguishes 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.

15.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes policies, operating tasks, and steps governing the OMPF.  chapter 2, table 2-1 (Composition of the OMPF), shows that certificates of appreciation are filed in the performance portion of the OMPF.


16.  Army Regulation 635-5 (Personnel Separations – Separation Documents), in pertinent part, states to list awards and decorations for all periods of service In the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22, in pertinent part, gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Army Commendation Medal, Army Good Conduct Medal, and a Certificate of Appreciation.

2.  The applicant's request for the Army Commendation Medal was carefully considered.

	a.  There is no evidence in the applicant's OMPF that shows he was recommended for or awarded the Army Commendation Medal.

	b.  A review of the general orders issued during the Vietnam era between 1965 and 1973 that are maintained in ADCARS failed to reveal any orders for the Army Commendation Medal pertaining to the applicant.

   c.  The applicant provides copies of an Army Commendation Medal certificate and citation that show he was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period 14 April to
20 October 1969.  However, in the absence of general orders, the Army Commendation Medal certificate and citation provide insufficient evidence upon which to base correction of his records in this case.

	d.  In view of the foregoing, there is insufficient evidence to support adding the  Army Commendation Medal to his DD Form 214.

3.  The applicant served a qualifying period of active service from 16 April 1968 to 15 April 1970 for the first award of the Army Good Conduct Medal.  He received all "excellent" conduct and efficiency ratings throughout his service with no record of a commander's disqualification for the award.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st award) and correct his DD Form 214 to show this award.


4.  The applicant qualified for award of the Vietnam Service Medal and he served in four campaigns during his service in Vietnam.  Therefore, it would be appropriate to correct his DD Form 214 to show award of four bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  General orders awarded all units the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign unit award.

6.  There are no provisions for showing certificates of appreciation in item 24 of the DD Form 214.  However, regulatory guidance indicates certificates of appreciation are authorized for filing in the performance portion of the OMPF.  Therefore, it would be appropriate to file the Certificate of Appreciation in the applicant's OMPF.

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.  filing his Certificate of Appreciation, dated 15 April 1970, in his OMPF;

   b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars;
   
   c.  awarding him the Army Good Conduct Medal (1st award) for exemplary conduct, efficiency, and fidelity for the period 16 April 1968 to 15 April 1970; and

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

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 entering the Army Commendation Medal and the Certificate of Appreciation in item 24 of his DD Form 214.



      ___________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)                                         AR20100007618



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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