IN THE CASE OF:
BOARD DATE: 10 March 2011
DOCKET NUMBER: AR20100022016
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.
2. He states he was awarded the Army Commendation Medal, but he never received the medal.
3. He provides a copy of his DD Form 214 and a citation for the Army Commendation Medal.
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 applicants 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 applicants 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 on 2 May 1968. He completed training and he was awarded military occupational specialty (MOS) 13A (cannoneer).
3. He served in Vietnam from 29 April 1969 to 11 April 1970 while assigned to Service Battery, 5th Battalion, 42nd Artillery Regiment.
4. He provided a copy of a citation which indicates the Army Commendation Medal was presented to him for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam during the period 8 June 1969 to 19 October 1969.
5. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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, revealed the applicant was awarded the Army Commendation Medal for meritorious achievement during the period 8 June 1969 to 19 October 1969 by Headquarters, U.S. Army Vietnam, General Orders Number 4160, dated 18 November 1969.
6. He was released from active duty on 12 April 1970. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)
7. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, he participated in the following three campaigns:
* TET 69, Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of his assignment to 5th Battalion, 42nd Artillery Regiment, this unit was cited for award of the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 21 February 1970 - 28 February 1971 by Headquarters, Department of the Army General Orders (DAGO) Number 42, dated 1972
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 17 October 1969 - 15 January 1971 by DAGO Number 51, dated 1971
DISCUSSION AND CONCLUSIONS:
1. The applicants contention he was awarded the Army Commendation Medal, but he never received the medal, is acknowledged and determined to have merit.
2. General orders show he was awarded the Army Commendation Medal; therefore, this award should be added to his DD Form 214.
3. During his service in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, these unit awards should be added to his DD Form 214.
4. He participated in three campaign phases during his service in Vietnam. Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.
BOARD VOTE:
__X_____ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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. deleting from item 24 of his DD Form 214 the Vietnam Service Medal;
b. adding to item 24 of his DD Form 214 the:
* Army Commendation Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
c. issuing him the appropriate medal set for the award of 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) AR20100022016
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