IN THE CASE OF:	  

		BOARD DATE:	    16 September 2010

		DOCKET NUMBER:  AR20100009083 


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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his award of the Army Commendation Medal and issuance of the medal.

2.  He states he received orders for the Army Commendation Medal but never received the actual medal upon discharge.  He also would like his DD Form 214 corrected to include this award.  He would also like to give the medal to his son. 

3.  He provides copies of the following:

* General orders for the Army Commendation Medal and resulting citation
* His DD Form 214

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 military records show he was inducted into the Army of the United States on 18 October 1967.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

3.  He served in Vietnam from 11 September 1968 through 25 August 1969 during four campaigns.  He was assigned to Company B, 1st Battalion, 18th Infantry, 1st Infantry Division from 20 September 1968 to 17 February 1969; the Replacement Detachment, 1st Administration Company, 1st Infantry Division from 18 February to 3 April 1969; and Company A, 1st Battalion, 2nd Infantry, 1st Infantry Division from 4 April to August 1969.   

4.  He provided a copy of General Orders Number 9319, dated 25 August 1969, issued by Headquarters, 1st Infantry Division, announcing award of the Army Commendation Medal (1st Oak Left Cluster), for meritorious service from September 1968 to September 1969.  He also provided a copy of the resulting citation for this award.

5.  His records contain Special Orders Number 192, dated 11 July 1969, issued by Headquarters, 1st Infantry Division, awarding him the Combat Infantryman Badge (1st Award).

6.  On 18 June 9168, he accepted punishment under Article 15, Uniform Code of Military Justice, for failing to obey a lawful order.  

7.  He was honorably released from active duty in the rank of sergeant, pay grade E-5, on 2 September 1969 and was transferred to U.S. Army Reserve Control Group.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Bronze Star Medal.  

9.  Item 41 (Awards and Decorations) of his original DA Form 20 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

10.  His record shows he received ratings of "excellent" in conduct and efficiency throughout his military service.  

11.  Army Regulation 600-8-22 (Military Awards) specifies the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

12.  His DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit, 1st Battalion, 18th Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 12 July 1965 – 16 October 1968, based on Department of the Army General Orders Number 21, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service from 12 July 1965 – 7 April 1970, based on Department of the Army General Orders Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was awarded the Army Commendation Medal by General Orders 9319 on 25 August 1969 which is not shown on his 
DD Form 214.  The applicant contends he never received this medal; therefore, he is entitled to correction to his DD Form 214 to show this award and issuance of the Army Commendation Medal set with Oak Leaf Cluster.

2.  The evidence also shows he was awarded the Combat Infantryman Badge, Marksmanship Qualification Badge with Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, he is also entitled to correction to his DD Form 214 to show these awards.  

3.  There is evidence of minor indiscipline (failing to obey an order) during his service; however, this minor indiscipline should not over-shadow his achievements during his service.  While in the Army, he attained the rank and pay grade of sergeant E-5, served in Vietnam, and was awarded the Army Commendation Medal with 1st Oak Leaf Cluster for meritorious service and a Bronze Star Medal.  He also received "excellent" conduct and efficiency ratings throughout his service.  He is therefore entitled to award of the Good Conduct Medal (1st Award) for the period 18 October 1967 through 2 September 1969 and to have it added to his DD Form 214.

4.  The evidence confirms he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would also be appropriate to correct his records to show these unit awards.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

__X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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:

	a.  awarding him the Good Conduct Medal (1st award) for his honorable period of service from 18 October 1967 through 2 September 1969;

	b.  adding to his DD Form 214 the Army Commendation Medal with 1st Oak Leaf Cluster, Combat Infantryman Badge, Good Conduct Medal (1st award), Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), four bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; 

   c.  providing him a document to show the above corrections; and 
   
   d.  and issuing him the above awards.



      __________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)                                         AR20100009083



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ABCMR Record of Proceedings (cont)                                         AR20100009083



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