IN THE CASE OF:	  

		BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100025915 


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 award of the Army Commendation Medal and the Army Good Conduct Medal.

2.  The applicant states, in effect, during the Tet Offensive of 1968 in Vietnam, he along with other engineers from the 4th Engineer Battalion defended the City of Pleiku and he was told he would be put in for the Army Commendation Medal.  He left Vietnam on 28 October 1968.  He wants to know if he was ever put in for the award because he never got his.  He has an honorable discharge and he is also looking for his Army Good Conduct Medal.

3.  The applicant provides no documentary evidence.

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 of the United States on 20 February 1967.  He completed training and he was awarded military occupational specialty (MOS) 51N (Water Supply Specialist).  He arrived in Vietnam on 31 July 1967 and he was assigned to Headquarters and Headquarters Company, 4th Engineer Battalion, 4th Infantry Division in his MOS.  He departed Vietnam on 28 October 1968 en route to the United States for separation processing.  He was honorably released from active duty on 29 October 1968 in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 8 months, and 10 days of total active service with no time lost.

3.  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)
* two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  There is no evidence of record that shows he was recommended for or awarded the Army Commendation Medal.

5.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Army Commendation Medal.

6.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  Item 38 (Record of Assignments) shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.

7.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, 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, the applicant participated in the following four campaigns:


* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit at the time of his assignment was cited for award of the:

* Meritorious Unit Commendation for the period 13 October 1967 through 15 July 1968 by Department of the Army General Orders (DAGO) 42, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 28 July 1969 by DAGO 3, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1968 through 31 October 1969 by DAGO 53, dated 1970

9.  Army Regulation 600-8-22 (Military Awards) provides that 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, distinguished 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.

10.  Army Regulation 672-5-1 (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.  There must have been no convictions by a court-martial.

11.  Title 10, U.S. Code, section 1130 provides the legal authority for consideration of proposals for decorations not previously submitted in timely fashion.  It allows, in effect, that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, 


that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

12.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency:  Commander, U.S. Army Human Resources Command, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122.  The applicant's unit must be clearly identified, along with the period of assignment and the award being recommended.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request.  The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence he was ever recommended for or awarded the Army Commendation Medal.  Therefore, there is no basis for granting this portion of his request.  While the available evidence is insufficient for awarding the applicant the Army Commendation Medal, this in no way affects the applicant’s right to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

2.  He was released from active duty as an SP4/E-4 with slightly over 20 months of total active service with no time lost.  His records also show he received "excellent" conduct and efficiency ratings throughout his service with no disciplinary action or a commander's disqualification.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 20 February 1967 through 29 October 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

3.  He participated in four campaign phases during his assignment in Vietnam which entitles him to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these bronze service stars.

4.  During his period of assignment in Vietnam, his unit was cited for award of the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
20 February 1967 through 29 October 1968; and

	c.  adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation


2.  The Board further determined that 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 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)                                         AR20100025915



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ABCMR Record of Proceedings (cont)                                         AR20100025915



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