IN THE CASE OF:	  

		BOARD DATE:	  30 September 2010

		DOCKET NUMBER:  AR20100011263 


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 two awards of the Army Commendation Medal (ARCOM).

2.  The applicant states he received two awards of the ARCOM.

3.  The applicant provides citations, certificates, and orders for two ARCOM's and his DD Form 214 in support of this application.

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 enlisted in the Regular Army on 3 April 1968.  He completed initial entry training and was awarded military occupational specialty 12C (Bridge Crewman).

3.  Headquarters, 4th Infantry Division, General Orders Number 4216, dated 23 July 1969, awarded him the ARCOM for meritorious service from August 1968 to August 1969.

4.  Headquarters, 4th Infantry Division, General Orders Number 284, dated 10 January 1970, awarded him a second ARCOM for meritorious service from February 1969 to February 1970.

5.  His DA Form 20 (Enlisted Qualification Record) shows he was promoted to specialist four/SP4 on 15 December 1968.  It also shows he served in the Republic of Vietnam from 27 August 1968 to 24 February 1970.

6.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his tour of duty in the Republic of Vietnam, he was assigned to Company E, 4th Engineers, 4th Infantry Division.  It also shows he received "excellent" conduct and efficiency ratings in all of his active duty assignments.

7.  His official military personnel record is void of any derogatory information that would have precluded award of the Army Good Conduct Medal.

8.  On 2 July 1971, he was released from active duty in the rank of SP4 after completing 3 years and 3 months of creditable active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the following awards:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal with five bronze service stars
* Vietnam Campaign Medal
* three overseas service bars

9.  Army Regulation 600-8-22 (Military Awards) states that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, including the ARCOM.  This regulation also provides that only one decoration may be awarded to an individual for the same period of meritorious service.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated that 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 the 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.

11.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the unit to which the applicant was assigned (Company E, 4th Engineers, 4th Infantry Division) was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969-17 November 1970 by Department of the Army General Orders Number 52, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966-31 October 1969 by Department of the Army General Orders Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show two awards of the ARCOM has been carefully reviewed.

2.  General orders awarded him the first and second awards of the ARCOM for two separate periods of meritorious service that overlapped by 6 months.  As a matter of equity and to comply with the governing regulation prohibiting the duplication of awards, the period of meritorious service shown on the first award should be changed to meritorious achievement for the period August 1968 to January 1969.

3.  The applicant's DD Form 214 should be corrected to show award of the ARCOM with 1st Oak Leaf Cluster.

4.  His record confirms he received "excellent" conduct and efficiency ratings in all of his active duty assignments.  It is void of any derogatory information or a unit commander's disqualification that would have precluded award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal for his qualifying period of honorable active duty service from 3 April 1968 to 2 July 1971 and to add this award to his DD Form 214.

5.  His DD Form 214 shows he was awarded the Vietnam Service Medal with five bronze service stars; however, the regulation states that a silver service star is authorized in lieu of five bronze service stars on the Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show the Vietnam Service Medal with one silver service star.

6.  The record also shows that based on his service in the Republic of Vietnam with Company E, 4th Engineer, he is entitled to have his records corrected to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 Army Good Conduct Medal for his qualifying period of honorable active duty service from 3 April 1968 through 2 April 1971;

	b.  amending General Orders Number 4216, dated 23 July 1969, to show award of the ARCOM for meritorious achievement from August 1968 to January 1969;

	c.  deleting from his DD Form 214 the Vietnam Service Medal with five bronze service stars; and

	d.  adding to his DD Form 214 the Army Commendation Medal with 1st Oak Leaf Cluster, the Army Good Conduct Medal, the Vietnam Service Medal with one silver service star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      _____________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)                                         AR20100011263



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ABCMR Record of Proceedings (cont)                                         AR20100011263



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