IN THE CASE OF:	  

		BOARD DATE:  18 September 2012

		DOCKET NUMBER:  AR20120004178 


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 a second award of the Army Commendation Medal. 

2.  The applicant states he earned the award and it should be shown on his 
DD Form 214. 

3.  The applicant provides his DD Form 214 and two sets of orders, certificates, and citations for two awards of the Army Commendation Medal.

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's records show he was inducted into the Army of the United States on 19 February 1969 and he held military occupational specialty 16J (Light Air Defense Artillery Crewman).  

3.  Special Orders (SO) Number 124, issued by Headquarters, U.S. Army Training Center, Fort Bliss, TX, dated 9 June 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  He served in Vietnam from 11 July 1969 to 10 July 1970.  He was assigned to Battery C, 1st Battalion, 44th Artillery.  While in Vietnam:  

* General Orders (GO) Number 911, issued by the U.S. Army Vietnam, dated 19 April 1970, awarded him the Army Commendation Medal for achievement from 1 November 1969 to 1 January 1970
* GO Number 542, issued by Headquarters, XXIV Corps, dated 2 June 1970, awarded him the Army Commendation Medal for service from July 1969 to July 1970

5.  SO Number 214, issued by Headquarters, 3rd Battalion, 43rd Artillery on 23 November 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 18 February 1971.  He completed 2 years of active service with no lost time.  His DD Form 214 shows the:

* National Defense Service Medal
* Army Commendation Medal
* Purple Heart
* Vietnam Service Medal
* Vietnam Campaign Medal
* Bronze Star Medal

7.  A review of the applicant's service record confirms there is no derogatory information that would disqualify him for the Army Good Conduct Medal 
(1st Award).  Additionally, item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

8.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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 and no convictions by a court-martial.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in the Republic of Vietnam participation credit was awarded for the campaigns below.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign:

* 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
* Vietnamese Counteroffensive Phase VII, 1 July 1970-30 June 1971

10.  Department of the Army GO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant two Army Commendation Medals during his service in Vietnam.  Only one award is listed on his DD Form 214.  Both awards should be listed on his DD Form 214. 

2.  The applicant served honorably during the period 19 February 1969 through 18 February 1971.  He completed a combat tour in Vietnam, received "excellent" conduct and efficiency ratings throughout his military service, and attained the rank/grade of SGT/E-5.  His records do not contain any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this medal.

3.  SO awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges. 

4.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation when he was assigned to the unit which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in the Republic of Vietnam; therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

BOARD VOTE:

___X____  ____X __  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for 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 exemplary behavior, efficiency, and fidelity during the period 19 February 1969 through 18 February 1970;

	b.  deleting from his DD Form 214 the Vietnam Service Medal and Army Commendation Medal; and

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal (2nd Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 
Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)



      __________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)                                         AR20120004178



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ABCMR Record of Proceedings (cont)                                         AR20120004178



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