BOARD DATE:	16 June 2011

		DOCKET NUMBER:  AR20100029714


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.  The applicant states that people were busy transitioning out of Vietnam and the award was overlooked and not included on his DD Form 214.

3.  The applicant provides copies of an Army Commendation Medal Certificate and 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 enlisted in the Regular Army on 22 May 1967.  He completed training and he was awarded military occupational specialty 68D (Aircraft Powertrain Repairman).

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) that he was assigned in Vietnam to the 150th Transportation Detachment from 28 November 1967 to 14 November 1968 and he returned to Vietnam and was assigned to the 330th Transportation Company from 17 August 1969 to on or about 15 April 1970;

	b.  item 38 that he had all "excellent" conduct and efficiency ratings;

	c.  item 39 (Campaigns) that he participated in the Vietnam Counteroffensive Phase III, Tet Counter Offensive, and a 7th unnamed campaign.

	d.  item 41 (Awards and Decorations) that he was awarded or authorized the:

* Sharpshooter Marksmanship Qualification Badge
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

4.  On 21 April 1970, he was honorably released from active duty as a specialist five/E-5.  He completed 2 years and 11 months of active service during this period.

5.  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
* Vietnam Campaign Medal 

6.  His records contain the following orders:

	a.  Special Orders Number 212, U.S. Army Transportation School, Fort Eustis, VA, dated 31 October 1967, show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

	b.  General Orders Number 2700, Headquarters, 1st Aviation Brigade, dated 25 April 1970, show he was awarded the Army Commendation Medal for meritorious service from August 1969 to May 1970.

7.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  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 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.

9.  Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for 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.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following seven campaigns:

* Vietnam Counteroffensive Phase III
* Tet Counteroffensive 
* Vietnam Counteroffensive Phase IV
* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970

10.  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 that units to which the applicant was assigned were cited as follows:

	a.  the 150th Transportation Detachment for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967-17 May 1968 by Department of the Army General Orders (DAGO) Number 21, dated 1969, as amended by DAGO Number 46, dated 1969; and

	b.  the 330th Transportation Company for award of the Meritorious Unit Commendation (Army) for the period 1 November 1968-31 January 1970 by DAGO Number 51, dated 1971, and for the period 1 February 1970-31 July 1971 by DAGO Number 5, dated 1973.



DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Commendation Medal.
 
2.  The applicant's records show he distinguished himself in the performance of his military service as evidenced by his "excellent" conduct and efficiency ratings and honorable character of service.  There is no record of a conviction by a court-martial or other evidence of disqualification.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  Records show he participated in seven campaigns during his service in Vietnam.  Therefore, he is entitled to one silver and two bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  His units in Vietnam were cited for two awards of the Meritorious Unit Commendation (Army) and one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.

6.  The above awards should be noted on 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 22 May 1967 to 21 April 1970,

	b.  deleting from item 13 of his DD Form 214 the Vietnam Service Medal, and

	c.  adding to item 13 of his DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver and two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation (Army) (2nd Award)



      __________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)                                         AR20100000026



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ABCMR Record of Proceedings (cont)                                         AR20100029714	



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