IN THE CASE OF:	  

		BOARD DATE:	  14 June 2011

		DOCKET NUMBER:  AR20100028814


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 a second Army Commendation Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the Army Commendation Medal with 1st Oak Leaf Cluster was awarded after his discharge.

3.  The applicant provides:

* DD Form 214
* Army Commendation Medal with 1st Oak Leaf Cluster Certificate

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 commissioned as a field artillery second lieutenant from the Senior Reserve Officers' Training Corps at Boston College on 10 June 1961.  He was promoted to major on 21 June 1968.  He was medically retired on 17 July 1973.

3.  The applicant served one tour of duty in Germany and two tours of duty in Vietnam.  His DA Form 66 (Officer Qualification Record) shows he is highly decorated.  His awards include:

* Bronze Star Medal with "V" Device – 8 December 1966
* Bronze Star Medal with "V" Device – 21 March 1967
* Bronze Star Medal – 18 June 1967
* Bronze Star Medal – 11 May 1971
* Bronze Star Medal – 26 May 1971
*  Air Medal with 1st-11th Oak Leaf Cluster
* Army Commendation Medal with "V" Device – 7 July 1967
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Carbine Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)

4.  The applicant's record also contains a U.S. Military Assistance Command Vietnam (MACV) memorandum, dated 29 July 1971, authorizing him to accept and wear the Republic of Vietnam Staff Service Medal, First Class.

5.  The applicant's records show he was assigned to Fort Sill, OK, in June 1972.  Shortly thereafter he became ill and was diagnosed as having Addison's disease.  He was referred to the Physical Disability Evaluation System and determined to be unfit for further military service.  He was retired on 17 July 1973 and placed on the Temporary Disability Retired List.  He was later permanently retired for physical disability.

6.  The applicant provides an Army Commendation Medal with 1st Oak Leaf Cluster Certificate showing it was awarded for meritorious service at Fort Sill 


from August 1972 to August 1973.  It is signed by the then Fort Sill Commanding General.  He did not provide the orders for this award.

7.  The applicant's DD Form 214 does not show an Army Commendation Medal for meritorious service; it shows only an Army Commendation Medal with "V" Device.

8.  Army Regulation 600-8-22 (Military Awards) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his Army Commendation Medal with 1st Oak Leaf Cluster for meritorious service be added to his DD Form 214.  He states he received it following his physical disability retirement and after receipt of his DD Form 214.

2.  The applicant is a decorated veteran of the Vietnam War.  He received five Bronze Star Medals, two of which were for valor.  He also received an Army Commendation Medal for valor.

3.  In 1972, he was a major assigned to Fort Sill, OK.  He became ill and was hospitalized.  Eventually, he was retired by reason of physical disability retirement.  He was awarded an Army Commendation Medal which was not approved until after he had retired.  The Certificate is signed by the then Fort Sill Commanding General.  The absence of orders notwithstanding, the Army Commendation Medal with 1st Oak Leaf Cluster Certificate is accepted as authentic and a basis for correcting his DD Form 214.  Such an award is a reasonable end-of-service award for an officer separating with less than 20 years of service.

4.  Based on entries on his DA Form 66, the applicant qualified Sharpshooter with the carbine and the M-14 rifle.  The Sharpshooter Marksmanship Qualification Badge with Carbine and Rifle (M-14) Bars should be added to his DD Form 214.



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 all Department of the Army records of the individual concerned be corrected by:

* deleting the Army Commendation Medal with "V" Device from his DD Form 214
* adding the Army Commendation Medal with "V" Device and 1st Oak Leaf Cluster and Sharpshooter Marksmanship Qualification Badge with Carbine and Rifle (M-14) Bars to 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)                                         AR20100028814



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ABCMR Record of Proceedings (cont)                                         AR20100028814



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