IN THE CASE OF:	  

		BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100018658 


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 he was awarded the Bronze Star Medal and the Army Commendation Medal.

2.  The applicant states his DD Form 214 does not show these medals which he earned.

3.  The applicant provides certificates showing he was awarded the Bronze Star Medal and the Army Commendation Medal and a copy of 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 was inducted into the Army on 30 October 1969.  He completed training in field artillery basic.

3.  He arrived in Vietnam on 10 May 1970 and was assigned to Battery C, 2nd Battalion, 11th Artillery, 101st Airborne Division (Airmobile).  He participated in the following two campaigns:

* Sanctuary Counteroffensive Campaign which extended from 1 May 1970 through 30 June 1970
* Vietnam Counteroffensive Phase VII Campaign which extended from 1 July 1970 through 30 June 1971

4.  The applicant returned to the United States on 2 June 1971.  He was honorably released from active duty on 4 June 1971.  His DD Form 214 shows the following awards:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16)
* Vietnam Service Medal

5.  The applicant's conduct and efficiency ratings were "excellent" while he was in the Army.  There is no information contained in his record which would disqualify him for award of the Army Good Conduct Medal.

6.  The applicant's records do not contain orders awarding him the Bronze Star Medal or the Army Commendation Medal.

7.  A 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 awarding him the Army Commendation Medal.  However, ADCARS did reveal Headquarters, 101st Airborne Division, General Orders Number 3149, dated 16 April 1971, awarding him the Bronze Star Medal for the period June 1970 through April 1971.

8.  The applicant provides certificates showing he was awarded the Army Commendation Medal on 30 December 1970 and the Bronze Star Medal on 2 April 1971.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

10.  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.

11.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

12.  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 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.  There must have been no convictions by a court-martial.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 18 April 1971 to 31 August 1971 by Department of the Army General Orders Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting documents have been considered.  However, there are no orders in his records showing he was awarded the Army Commendation Medal.  Therefore, this award should not be added to his DD Form 214.

2.  ADCARS reveals orders showing he was awarded the Bronze Star Medal.  Therefore, this award should be added to his DD Form 214.

3.  The applicant should be awarded the Army Good Conduct Medal as his conduct and efficiency ratings were "excellent" while he was in the Army.  There is no derogatory information contained in his record that would disqualify him for this award.

4.  He is also authorized the following awards that should be added to his DD Form 214:

* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* two bronze service stars to be affixed to his already-awarded Vietnam Service Medal

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 awarding him the Army Good Conduct Medal for the period 30 October 1969 through 4 June 1971 and amending his DD Form 214 to add the following awards:

* Bronze Star Medal
* Army Good Conduct Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* two bronze service stars to be affixed to his already-awarded Vietnam Service Medal

2.  The Board further determined 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 amending his DD Form 214 to show the Army Commendation Medal.



      _______ _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)                                         AR20100018658



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ABCMR Record of Proceedings (cont)                                         AR20100018658



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