IN THE CASE OF:	  

		BOARD DATE:	  28 September 2010

		DOCKET NUMBER:  AR20100009940 


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 and Meritorious Unit Commendation.

2.  The applicant states the awards are missing from his DD Form 214 due to a clerical error.

3.  The applicant provides his DD Form 214, an Army Commendation Medal Certificate, and an Internet printout related to his unit's Meritorious Unit Commendation.

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 enlisted in the Regular Army on 4 December 1967.  He completed initial entry training, was awarded the military occupational specialty of engine equipment maintenance, and was promoted to pay grade E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows that while he was in the Republic of Vietnam (RVN) he was assigned to the 93rd Engineer Battalion (Construction) during the period 7 May 1968 to 3 May 1969.

4.  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 with two bronze service stars, RVN Campaign Medal with Device (1960), two overseas service bars, Marksman Marksmanship Qualification Badge with Rifle Bar 
(M-14), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  His records contain Headquarters, 9th Infantry Division, General Orders Number 4412, dated 12 April 1969, awarding him the Army Commendation Medal for meritorious service during the period May 1968 to April 1969.

6.  He was honorably released from active duty on 19 August 1969 for hardship and was transferred to the U.S. Army Reserve Control Group (Standby) to complete his remaining Reserve obligation.  He completed 1 year, 8 months, and 16 days of creditable active service.

7.  His records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority.  His DA Form 24 shows all "excellent" conduct and efficiency ratings throughout his service.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour of duty in Vietnam he participated in the following campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive (23 February 1969-8 June 1969)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the RVN.  The units to which the applicant was assigned while serving in the RVN were cited for the following awards during the period he was assigned to those units:

* RVN Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 43, dated 1970
* Meritorious Unit Commendation based on Department of the Army General Orders (DAGO) Number 51, dated 1971
* RVN Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Army Commendation Medal.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

2.  The applicant completed a period of qualifying service ending with the termination of a period of Federal military service.  The applicant also had "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no record of any disciplinary action taken against the applicant or disqualification by his chain of command.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and add this award to his DD Form 214.

3.  General orders awarded his unit the Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The available records show the applicant was awarded the Vietnam Service Medal.  Additionally, the evidence shows he participated in four campaigns while serving in the RVN.  Therefore, he is entitled to award of four bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

5.  In view of the foregoing, the applicant is entitled to have his records corrected as shown 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 is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 4 December 1967 through 19 August 1969;

	b.  deleting the Vietnam Service Medal with two bronze service stars from item 24 of his DD Form 214; and

	c.  adding the Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Meritorious Unit 


Commendation, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation to 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)                                         AR20100009940



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)