IN THE CASE OF:	  

		BOARD DATE:	  21 July 2011

		DOCKET NUMBER:  AR20110002118 


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, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and all awards to which he is entitled.

2.  The applicant states he received the Army Commendation Medal 6 months after he was discharged.

3.  The applicant provides copies of:

* DD Form 214
* Army Commendation Medal Citation
* Army Commendation Medal 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's record shows he was inducted into the Army of the United States on 8 December 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty 52D (Gas Turbine and Generator Repairman).  The highest rank/grade he attained while serving on active duty was specialist five (SP5)/E-5.

3.  Headquarters, U.S. Army Training Center, Infantry, Fort Dix, New Jersey, Special Orders Number 45, dated 14 February 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam during the period 6 October 1968 through 17 September 1969.

5.  Item 38 (Record of Assignments) of his DA Form 20 shows during his tour of duty in the Republic of Vietnam he served in Headquarters and Maintenance Support Company, 63rd Maintenance Battalion.

6.  Item 38 of his DA Form 20 also shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal.

7.  Item 41 (Awards and Decorations) of his DA Form 20 does not reflect award of the Army Commendation Medal.

8.  On 21 September 1969, he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) and he was honorably discharged on 1 December 1973.

9.  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) 
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

10.  His records do not contain official orders awarding him the Army Commendation Medal.

11.  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, failed to reveal any Army Commendation Medal orders for him.

12.  The applicant provides photocopies of an Army Commendation Medal citation and certificate.  The certificate states, "for meritorious service during the period October 1968 to August 1969 while assigned to the U.S. Army Support Command, Da Nang, Republic of Vietnam," and is dated 23 September 1969.  The citation which accompanies the certificate also states, "for meritorious service during the period October 1968 to August 1969."

13.  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.

14.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

15.  Army Regulation 600-8-22, 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 Republic of Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VI
* Tet 69 Counteroffensive 1969
* Vietnam Summer-Fall 1969

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Paragraph 6d states that Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention his DD Form 214 should be corrected to show award of the Army Commendation Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and all awards he is entitled to was carefully considered and determined to have partial merit.

2.  With respect to the Army Commendation Medal, there is no evidence in the applicant's records and he did not provide substantiating evidence which shows he was recommended for or awarded the Army Commendation Medal.  The governing Army regulation states for personal decorations (which include the Army Commendation Medal), formal recommendations, approval through the chain of command, and announcement in orders are required.

3.  Although he claims he was awarded this medal after his return from the Republic of Vietnam, in the absence of official orders there is insufficient evidence to correct his records to show award of the Army Commendation Medal.

4.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  The evidence of record confirms he served honorably during the period 8 December 1967 through 21 September 1969.  He completed his tour of duty in Vietnam, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of SP5/E-5.  His  records do not contain any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on his completion of a qualifying period of Federal military service from 
8 December 1967 through 21 September 1969 and to correct his DD Form 214 to show this award.


6.  DAGO Number 8, dated 1974 awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the applicant's unit during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

7.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his previously-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 is 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.  awarding him the Army Good Conduct Medal (1st Award) for the period 8 December 1967 through 21 September 1969;

	b.  deleting the Vietnam Service Medal from item 24 his DD Form 214; and

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

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with four bronze service stars



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 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)                                         AR20110002118



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ABCMR Record of Proceedings (cont)                                         AR20110002118



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