BOARD DATE:	  8 September 2011

		DOCKET NUMBER:  AR20110004400 


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 that his DD Form 214 (Report of Transfer or Discharge) be corrected to include his award of the Army Commendation Medal.

2.  The applicant requests the correction of his DD Form 214 to include his award of the Army Commendation Medal for the purpose of showing his military service for his family history.  

3.  The applicant provides copies of his DD Form 214, award orders, and Army Commendation 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 served on active duty in the Regular Army from 28 February 1969 through 28 October 1970 in military occupational specialty 76P (Stock Control and Accounting Specialist).

3.  Headquarters, U.S. Army Support Command, Qui Nhon General Orders Number 976, dated 7 October 1970 (provided by the applicant), awarded the applicant the Army Commendation Medal.

4.  His DA Form 20 (Enlisted Qualification Record) provides the following:

	a.  promotion to specialist five (E-5) on 5 October 1970;

	b.  service in Vietnam with Headquarters and Headquarters Detachment, U.S. Army Support Command from 10 November 1969 through 24 January 1970 and the U.S Army Depot [Cam Ranh Bay) from 25 January 1970 through 27 October 1970;

	c.  conduct and efficiency ratings of "excellent" with one period of "unknown"; 

	d.  award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Handgrenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

6.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for any personal decorations.

7.  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 that:

	a.  while the applicant was assigned to Headquarters and Headquarters Detachment, U.S. Army Support Command, it was cited for award of the Meritorious Unit Commendation; and 

	b.  Department of the Army General Orders Number 8, dated 1974, awarded all units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

8.  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, 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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following three campaign periods: the Vietnam Winter–Spring 1970; 1 November 1969 - 30 April 1970; DA Sanctuary Counteroffensive, 1 May 1970 - 30 June 1970; and the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's award of Army Commendation Medal and three marksmanship qualification badges were omitted from his DD Form 214.  It is appropriate to correct this oversight.

2.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his service in Vietnam, his conduct and efficiency ratings, his personal decoration, and his promotion to E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 28 February 1969 through 28 October 1970.

3.  The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his already awarded Vietnam Service Medal.  It is appropriate to correct the record to reflect this fact. 

4.  The applicant is also authorized to wear the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His records should be corrected to reflect these awards.

5.  Based on the above facts and findings it is appropriate to correct the applicant's records by deleting all entries at item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons) on the 
DD Form 214 and showing his authorized awards in order of precedence as the Army Commendation Medal, Meritorious Unit Commendation, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Hand Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

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 the applicant the Army Good Conduct Medal (1st Award) for his period of service from 28 February 1969 through 28 October 1970;

	b.  deleting the DD Form 214 item 24 entry; and

	c.  showing the applicant's authorized awards as the Army Commendation Medal, Meritorious Unit Commendation, Army Good Conduct Medal (1st Award), National Defense Service Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Hand Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).



      __________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)                                         AR20110004400



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ABCMR Record of Proceedings (cont)                                         AR20110004400



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