IN THE CASE OF:	  

		BOARD DATE:  15 May 2012

		DOCKET NUMBER:  AR20110022639 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all awards and medals he is entitled to.

2.  He states the Army Commendation Medal is not listed on his DD Form 214.

3.  He provides no additional evidence.

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 on 14 February 1967.  



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

   a.  item 31 (Foreign Service) he served in Vietnam from 4 November 1968 to 27 October 1969;
      
   b.  item 38 (Record of Assignments) he served in Vietnam with the 632d Heavy Equipment Maintenance Company from 7 November 1968 to 24 October 1969; 

	c.  item 38 that he received all "excellent" ratings for conduct and efficiency; and

	d.  item 41 (Awards and Decorations) show Special Orders Number 104, issued by the Headquarters, Army Training Command, dated 14 April 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
      
4.  He was honorably released from active duty on 27 October 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

5.  A 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 U.S. Army Human Resources Command, failed to reveal orders for the Army Commendation Medal or any other others for awards pertaining to the applicant.

6.  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.

7.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969)
* Tet Counteroffensive 1969 (23 February to 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June to 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970)

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, 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for action during the period 20 July 1965 to 28 March 1973, by Department of the Army General Orders (DAGO) Number 8, dated 1973. 
   
DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the applicant’s record or ADCARS, and he did not submit any evidence that shows he was awarded the Army Commendation Medal. Therefore, he is not entitled to have his record corrected to show this award.

2.  The available evidence confirms the applicant served in the Army from 
14 February 1967 to 27 October 1969.  His records show he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence of any derogatory information that would have disqualified the applicant from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.

3.  DAGO show the unit the applicant was assigned to in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
4.  The applicant participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____X___  ____X __  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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:

   a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; 
   
	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
14 February 1967 to 27 October 1969; and
   
   c.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Vietnam Service Medal with four bronze service stars.
   
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 correcting Item 13 of his 
DD Form 214 to show award of 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)                                         AR20110022639





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ABCMR Record of Proceedings (cont)                                         AR20110022639



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