IN THE CASE OF:	  

		BOARD DATE:	  18 October 2011

		DOCKET NUMBER:  AR20110008336 


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 Certificates of Appreciation and three awards of the Army Commendation Medal (ARCOM).  He also requests that the medals he was awarded be issued to him.  

2.  He states, in effect, his DD Form 214 does not show all the awards he received and his awards were never issued to him.

3.  He provides his DD Form 214, two Certificates of Appreciation, and three ARCOM Certificates and Citations.

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 for a period of 2 years on 29 September 1969.  After completing initial entry training, he was awarded military occupational specialty 31B (Field Communications Electronics Equipment Mechanic).  He was released from active duty on 22 September 1971 by reason of early separation of an overseas returnee.  He completed 1 year, 11 months, and 24 days of total active service.

3.  Special Orders Number 301 Extract, issued by Headquarters, U.S. Army Vietnam Transient Detachment, dated 28 October 1970, shows he was assigned for duty in Vietnam with Headquarters and Headquarters Troop (HHT), 11th Armored Cavalry Regiment (ACR), with an effective date of change in strength accountability of 4 November 1970.  

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

* item 31 (Foreign Service) he was credited with service in Vietnam from 28 October 1970 through 21 September 1971
* item 41 (Awards and Decorations) he was authorized the Sharpshooter Marksmanship Qualification Badge with Hand Grenade and Rifle Bars

5.  Item 38 (Record of Assignments) of his DA Form 20 does not show his assignment to the 11th ACR.  Item 38 does show he was assigned to the 23d Administrative Replacement Detachment from 19 to 26 February 1971 and Headquarters and Headquarters Company (HHC), 3d Battalion, 1st Infantry, 11th Light Infantry Brigade, from 27 February to 16 September 1971.  Item 38 also shows he received all "excellent" conduct and efficiency ratings.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* ARCOM
* Bronze Star Medal
* Republic of Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge (M-14 Rifle)

7.  General Orders Number 410, issued by Headquarters, II Field Force Vietnam, dated 19 February 1971, announced award of the ARCOM to him for meritorious achievement during the period 21 September 1970 to 11 February 1971.

8.  Headquarters, 23d Infantry Division, issued:

* General Orders Number 9639, dated 30 August 1971, announcing award of the ARCOM to him for meritorious service from 1 August 1970 to 30 June 1971
* General Orders Number 10208, dated 11 September 1971, amending General Orders Number 9639 to show he was awarded the ARCOM (First Oak Leaf Cluster) 

9.  His record is void of documentation showing he received a third award of the ARCOM.

10.  He provides three ARCOM Certificates.  

   a.  Two certificates show he was awarded the ARCOM for meritorious service in Vietnam from 1 August 1970 to 30 June 1971.  The first is dated 30 August 1971 and does not show "First Oak Leaf Cluster."  The second is dated 11 September 1971 and shows "First Oak Leaf Cluster."  He also provides two accompanying citations:  one that does not show "First Oak Leaf Cluster" and a second that does.
   
   b.  A third ARCOM Certificate shows he was awarded the ARCOM for meritorious achievement in Vietnam during the period 21 September 1970 to 11 February 1971.

11.  He provides a Certificate of Appreciation for Service in the Armed Forces of the United States for the period of his active duty service bearing the signature and seal of the President of the United States and a Department of the Army Certificate of Appreciation, dated 22 September 1971, bearing the signature of the Army Chief of Staff.

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time stated, in pertinent part, for item 24 to enter all decorations, service medals, campaign credits and badges awarded or authorized.

13.  A review of his record shows he is entitled to additional decorations not shown on his DD Form 214.

14.  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the Army Good Conduct Medal (AGCM).

15.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for 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.

16.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B of the regulation.  His record shows his service in Vietnam coincided with two campaigns:  Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) and Consolidation I (1 July - 30 November 1971).

17.  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 HHC, 3d Battalion, 1st Infantry was cited for award of the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period 1 April to 30 June 1971, by Department of the Army General Orders Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The regulation governing the preparation of DD Form 214 in effect at the time of his release from active duty did not provide for entering Certificates of Appreciation in item 24.  Accordingly, there is no basis for correcting his DD Form 214 to show the two Certificates of Appreciation he received. 

2.  He was awarded the ARCOM twice.  The orders announcing the second award required amendment because the document did not show it was his second award.  It appears he was issued an incorrect certificate and citation based on the original orders for his second ARCOM and later received a corrected certificate and citation reflecting the amended orders.  He is entitled to correction of his DD Form 214 to show he received two awards of the ARCOM  

3.  Records show the applicant received all "excellent" conduct and efficiency ratings throughout his service.  He was not the subject of any disciplinary actions and there is no record of a commander's disqualification for award of the AGCM.  Therefore, it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of active Federal service and correct his DD Form 214 to show this award.
4.  He was awarded the VSM.  His records show he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on his previously awarded VSM.

5.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

6.  He served in a unit that was awarded the RVN Gallantry Cross with Palm Unit Citation for a period that coincided with his service in the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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 AGCM (1st Award) for the period 29 September 1969 through 22 September 1971; 

	b.  deleting the VSM from item 24 of his DD Form 214; 

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

* ARCOM (2d Award)
* AGCM (1st Award)
* VSM with two bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar
* RVN Gallantry Cross with Palm Unit Citation

	d.  issuing to him the awards and decorations he is authorized.

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 third award of the ARCOM and annotating the certificates of appreciation.



      _______ _   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)                                         AR20110008336





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110008336



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1