IN THE CASE OF:	  

		BOARD DATE:	  15 May 2012

		DOCKET NUMBER:  AR20110020660 


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 Bronze Star Medal, Air Medal, and Army Commendation Medal.

2.  The applicant states he received these awards for his service in Vietnam; however, the awards were not recorded on his separation document when he was released from active duty (REFRAD).

3.  The applicant provides, in support of his request, copies of his Bronze Star Medal, Air Medal, Army Commendation Medal, and award certificates.

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 24 June 1968.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

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

	a.  item 31 (Foreign Service):  Vietnam from 9 June 1969 through 29 May 1970;

	b.  item 38 (Record of Assignments):

* Company D, 2nd Battalion, 16th Infantry, 1st Infantry Division, from
19 June through 30 September 1969
* U.S. Army Advisory Group III, Corps Tactical Zone, U.S. Military Assistance Command, Vietnam, from 1 October 1969 through 28 May 1970

	c.  item 39 (Campaigns):  no entry (is blank); and

	d.  item 41 (Awards and Decorations):

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* 2 Overseas Service Bars
* Marksman Marksmanship Qualification Badge with Rifle (M-14 and
M-16) Bar

4.  Headquarters, 1st Infantry Division, General Orders Number 15104, dated
12 November 1969, awarded the applicant the Air Medal for meritorious achievement in the RVN from 24 June to 20 September 1969.

5.  Headquarters, 1st Infantry Division, General Orders Number 15929, dated
25 November 1969, awarded the applicant the Bronze Star Medal for meritorious achievement in the RVN from 11 June to 20 November 1969.

6.  United States Military Assistance Command, Vietnam, General Orders Number 2942, dated 25 May 1970, awarded the applicant the Bronze Star Medal (1st Oak Leaf Cluster) for meritorious service in the RVN from June 1969 to May 1970.
7.  A DD Form 214 shows the applicant entered active duty on 24 June 1968, was honorably REFRAD on 31 May 1970, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

	a.  He completed 1 year, 11 months, and 7 days of net active service that included 11 months and 21 days of foreign service.

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

* National Defense Service Medal
* Army Good Conduct Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* 2 Overseas Service Bars

8.  A review of the applicant's military service records failed to reveal any evidence he was recommended for or awarded the Army Commendation Medal.

9.  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 orders for the Army Commendation Medal to the applicant.

10.  In support of his request, the applicant provides copies of award certificates that show he was awarded the:

* Bronze Star Medal - June 1969 to May 1970
* Air Medal - 24 June to 20 September 1969
* Army Commendation Medal - for meritorious achievement from 20 August to 10 November 1969

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

12.  The applicant's DA Form 20 shows he 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.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on 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 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's tour in Vietnam he participated in the following campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)

13.  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.

	a.  It shows that at the time of the applicant's assignment to Company D,
2nd Battalion, 16th Infantry, 1st Infantry Division, the battalion was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 to 7 April 1970 by Department of the Army General Orders (DAGO) Number 53 (1970).

	b.  It also shows that DAGO Number 8 (1974) announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units (i.e., Company D, 2nd Battalion, 16th Infantry, 1st Infantry Division) during the period 20 July 1965 to 28 March 1973.

	c.  DAGO Number 8 (1974) also announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units (i.e., the U.S. Army Advisory Group III, Corps Tactical Zone) during the period 8 February 1962 to 28 March 1973.

14.  Headquarters, U.S. Army Training Center, Infantry, Fort Polk, Louisiana, Special Orders:

* Number 205, dated 13 August 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar
* Number 282, dated 6 November 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar

15.  Army Regulation 600-8-22 provides 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 1-20 (Interim awards and awards of a lesser decoration) provides that to ensure 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.

	c.  Paragraph 3-2 (Decorations authorized and order of precedence) shows the Bronze Star Medal is higher in order of precedence than the Army Commendation Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show the Bronze Star Medal, Air Medal, and Army Commendation Medal.

2.  The applicant's claim to the Army Commendation Medal was carefully considered.

   a.  The sincerity of the applicant's claim is not in question.  However, there are no orders that show he was awarded the Army Commendation Medal.
   
   b.  The evidence of record shows general orders awarded the applicant the Bronze Star Medal for:

* meritorious achievement for the period 11 June to 20 November 1969
* meritorious service for the period June 1969 to May 1970

	c.  The Army Commendation Medal award certificate the applicant provides shows it was for meritorious achievement for the period 20 August to
10 November 1969.

	d.  Thus, it appears that the Army Commendation Medal certificate was issued as an interim award, pending approval of the Bronze Star Medal that also covered the interim award's period of service.

	e.  Based on the available evidence, it is concluded that the Army Commendation Medal was an interim award (i.e., issued pending approval of the Bronze Star Medal).  Therefore, the applicant is not entitled to correction of his records to show the award.

3.  The evidence of record also shows:

	a.  General orders awarded the applicant the Air Medal for the period 24 June to 20 September 1969.

	b.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-14 and M16) Bar;

	c.  The applicant qualified for award of the Vietnam Service Medal and he served in three campaigns during his service in Vietnam.  Thus, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

   d.  General orders awarded the applicant's units the:
   
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* RVN Civil Actions Honor Medal First Class Unit Citation

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

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

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

* Bronze Star Medal (1st Oak Leaf Cluster)
* Air Medal
* Vietnam Service Medal with 3 bronze service stars
* RVN Cross with Palm Unit Citation (2nd Award)
* RVN Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle (M-14 and
M-16) Bar

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 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)                                         AR20110020660



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ABCMR Record of Proceedings (cont)                                         AR20110020660



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