BOARD DATE:	  17 January 2012 

		DOCKET NUMBER:  AR20110013324 


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 (Certificate of Release or Discharge from Active Duty) to add and issuance of the following awards:

* Meritorious Service Medal (MSM)
* Army Commendation Medal (3rd Award)
* unit awards –

* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Commander's Unit Commendation

2.  The applicant states he earned awards and unit citations which were given to him.  He adds he is providing orders to support each of his requests.

3.  The applicant provides:

* DD Form 214
* orders awarding him the MSM
* copies of general orders for the Valorous Unit Award and Commander's Unit Commendation
* copies of email
* personal note received on 25 July 2011 with a newsletter attached
* DD Form 215 (Correction to DD Form 214), dated 23 February 2011

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.  Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR).  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, 
ATTN:  Army Reference Branch, 9700 Page Avenue, St. Louis, Missouri  
63132-5200.  This issuance of awards will not be further addressed in this Record of Proceedings.

3.  The applicant is a retired Regular Army sergeant first class.

4.  His DD Form 214 shows he was awarded:

* National Defense Service Medal
* Driver's Badge
* Army Service Ribbon
* Vietnam Service Medal with one silver service star
* Army Commendation Medal with 1st Oak Leaf Cluster [equivalent of 2nd Award]
* Overseas Service Ribbon (2nd Award)
* Vietnam Campaign Medal
* Army Good Conduct Medal (6th Award)
* Bronze Star Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  A DD Form 215 modified his DD Form 214 by:

* deleting the Vietnam Campaign Medal
* adding the –

* Republic of Vietnam Campaign Medal with Device (1960)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)

6.  The applicant was awarded the Meritorious Service Medal as a retirement award covering the period 6 October 1978 to 30 September 1981.

7.  The applicant's official military personnel file (OMPF) contains orders awarding him the Army Commendation Medal with 1st Oak Leaf Cluster.  There are no orders in his OMPF awarding him a third Army Commendation Medal and, despite his claim, the applicant did not provide these orders with his application.

8.  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.

9.  Army Regulation 600-8-22 does not list the Commander's Unit Commendation as an authorized award.

10.  Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Meritorious Service Medal upon his retirement.  This award should be added to his DD Form 214.

2.  There are no orders in the applicant's OMPF and he has not provided orders showing that he was awarded a third Army Commendation Medal.  His DD Form 214 correctly reflects two Army Commendation Medals.  No further action is authorized.

3.  The applicant's DD Form 214 does not list his awards in the correct order of precedence.  Army Regulation 635-5 states the DD Form 214 will list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  The applicant's DD Form 214 should be amended to reflect the correct priority sequence of awards.

4.  All of the United States unit awards and foreign unit awards requested by the applicant have already been reflected via a DD Form 215.  No further action is required.

5.  The Commander's Unit Commendation is not recognized by Army regulation as an authorized award and may not be added to the applicant's DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

* adding the Meritorious Service Medal to the applicant's DD Form 214
* entering all of his awards in the correct priority sequence –

* Bronze Star Medal
* Meritorious Service Medal
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (6th Award)
* National Defense Service Medal
* Vietnam Service Medal with one silver service star
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Republic of Vietnam Campaign Medal with Device (1960)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)


* Driver and Mechanic Badge with Driver-W Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

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:

* Army Commendation Medal (3rd Award)
* Commander's Unit Commendation



      __________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)                                         AR20110013324



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ABCMR Record of Proceedings (cont)                                         AR20110013324



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