IN THE CASE OF:	  

		BOARD DATE:	  8 November 2011

		DOCKET NUMBER:  AR20110007963 


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 two awards of the Army Commendation Medal and the Bronze Star Medal.

2.  The applicant states, in effect, he served in Vietnam and received the award elements for the above decorations in the mail after he was separated from the Army.  However, his DD Form 214 does not show all of these awards and it should be corrected.  The error was found when he recently visited a Department of Veterans Affairs clinic to file a claim.

3.  The applicant provides copies of two Army Commendation Medal certificates and a citation, a Bronze Star Medal citation, 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 was inducted into the Army of the United States on 4 November 1969 for a period of 2 years.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service):  Vietnam from 6 September 1970 to
15 August 1971.

   b.  item 38 (Record of Assignments):

* he was assigned to Headquarters and Headquarters Company,
63rd Signal Battalion, from 15 September 1970 through 9 August 1971
* he received "excellent" conduct and efficiency ratings throughout his period of service

	c.  item 41 (Awards and Decorations):  National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal, Republic of Vietnam Campaign Medal with Device (1960), one Overseas Service Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  Headquarters, 1st Signal Brigade (USASTRATCOM) [U.S. Army Strategic Command], General Orders (GO) Number 3273, dated 10 December 1970, awarded the applicant the Army Commendation Medal for meritorious achievement in the Republic of Vietnam (RVN) from 25 to 28 October 1970.

5.  Headquarters, 1st Signal Brigade, USASTRATCOM, GO Number 1826, dated 12 August 1971, awarded the applicant the Bronze Star Medal for meritorious service in the RVN from 2 September 1970 to 10 August 1971.

6.  A DD Form 214 shows the applicant was honorably released from active duty on 15 August 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  He completed 
1 year, 9 months, and 12 days of net active service this period that included 
11 months and 9 days in Vietnam.  It shows in:

   a.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  National Defense Service Medal, Vietnam Service Medal, Army Commendation Medal, Republic of Vietnam 
   
Campaign Medal with Device (1960), one Overseas Service Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
   
   b.  item 26a (Non-Pay Periods Time Lost):  "None."

7.  A review of the applicant's military personnel records failed to reveal any evidence he was authorized or awarded a second award of the Army Commendation Medal.

8.  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 orders for a second award of the Army Commendation Medal pertaining to the applicant.

9.  In support of his application, the applicant provides the following documents:

   a.  A DA Form 4980-14 (Army Commendation Medal Certificate) and Citation that show the applicant was awarded the Army Commendation Medal for meritorious achievement in the RVN from 25 to 28 October 1970.

   b.  A DA Form 4980-14 that shows the applicant was awarded the Army Commendation Medal for meritorious service in the RVN from 2 September 1970 to 10 August 1971.

   c.  A Bronze Star Medal Citation presented to the applicant for meritorious service in the RVN from 12 September 1970 to 10 August 1971.

10.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

11.  The applicant's DA Form 20 shows he qualified for and was awarded the Vietnam Service Medal, but his DD Form 214 does not show he was awarded any bronze service stars to signify campaign participation credit.

   a.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.


   b.  Table B-1 of Army Regulation 600-8-22 contains a list of Vietnam Conflict campaigns and shows that during the applicant's service in Vietnam, participation credit was awarded for the following two campaigns:
   
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

12.  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 shows that Department of the Army GO Number 8 (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.

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

14.  Army Regulation 600-8-22 provides the policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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.

   b.  Paragraph 1-19 (Duplication of awards) provides that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  The award of a decoration in recognition of a single act of heroism or meritorious achievement does not preclude an award for meritorious service at the termination of an assignment.

   c.  Paragraph 1–20 (Interim awards and awards of a lesser decoration) provides that to ensure that a deserving act, achievement, or service receives recognition, the appropriate authority may promptly award a suitable lesser military decoration pending final action on a recommendation for a higher award. When a higher award is approved, the approving authority will revoke the interim award using a separate order and the decoration will be returned by the recipient.

   d.  Chapter 3 (U.S. Army Individual Decorations), paragraph 3–2 (Decorations authorized and order of precedence), in pertinent part, shows the Bronze Star Medal is listed as higher in precedence than the Army Commendation Medal.

15.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for item 24:  list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show the Bronze Star Medal and two awards of the Army Commendation Medal because he received the award elements for these decorations, but all of the awards are not recorded on his DD Form 214.

2.  The Military Awards regulation provides:

   a.  only one decoration will be awarded to an individual for the same period of meritorious service;

   b.  the award of a decoration in recognition of a single act of meritorious achievement does not preclude an award for meritorious service at the termination of an assignment;

   c.  to ensure that deserving service receives recognition, the appropriate authority may award a suitable lesser military decoration pending final action on a recommendation for a higher award; and

   d.  the Bronze Star Medal is higher in precedence than the Army Commendation Medal.
   
3.  The evidence of record shows:

   a.  general orders awarded the applicant the Army Commendation Medal for meritorious achievement in the RVN from 25 to 28 October 1970;

   b.  the applicant was issued a certificate showing an award of the Army Commendation Medal for meritorious service in the RVN from 2 September 1970 to 10 August 1971; and

   c.  general orders awarded the applicant the Bronze Star Medal for meritorious service in the RVN from 2 September 1970 to 10 August 1971.

   d.  Based on the foregoing, it is concluded that the Army Commendation Medal certificate the applicant was issued represented an interim award for the period 2 September 1970 to 10 August 1971, which was actually officially recognized with the Bronze Star Medal.  Thus, the Army Commendation Medal awarded for meritorious service should have been revoked, as the applicant was awarded the Bronze Star Medal for meritorious service for the same period.

   e.  The applicant's records correctly show award of the Army Commendation Medal for meritorious achievement.  However, his records should be corrected to add award of the Bronze Star Medal for meritorious service.

4.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 4 November 1969 to
15 August 1971.

   a.  He received "excellent" conduct and efficiency ratings during this period of service.

   b.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

   c.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award) at the time of the applicant's separation processing, based on the available evidence, it would be appropriate to award the applicant this medal.

5.  Records show the applicant participated in two campaigns while in the RVN.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

6.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations as recommended below.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period
4 November 1969 through 15 August 1971;

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

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

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm 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 a second 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)                                         AR20110007963



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ABCMR Record of Proceedings (cont)                                         AR20110007963



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