IN THE CASE OF:	  

		BOARD DATE:  20 November 2012

		DOCKET NUMBER:  AR20120008667 


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 award of the Army Commendation Medal and Army Good Conduct Medal (1st Award) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the awards.

2.  He states he served in the Republic of Vietnam (RVN) and he received a Letter of Achievement from his commanding officer that supports his request.

3.  The applicant provides a copy of the Letter of Achievement and his DD Form 214.

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 19 July 1967.  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 service from 17 January 1968 through
16 January 1969;

	b.  item 33 (Appointments and Reductions):  he was promoted to the rank/grade of sergeant (SGT)/E-5 with a date of rank of 22 November 1968;

	c.  item 38 (Record of Assignments):  he was assigned to:

* Company C, 2nd Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), Vietnam from 3 February through 25 August 1968
* Headquarters and Headquarters Company, 3rd Brigade, 1st Air Cavalry Division (Airmobile), Vietnam from 26 August 1968 through
12 January 1969
* Company A, 2nd Battalion, 46th Infantry, 1st Armored Division, Fort Hood, TX, from 1 March through 17 July 1969

	d.  item 38 also shows he received all "excellent" conduct and efficiency ratings throughout his service;

	e.  item 41 (Awards and Decorations):  does not list the Army Commendation Medal or the Army Good Conduct Medal.

4.  On 18 July 1969, the applicant was honorably released from active duty at the expiration of his term of service.  He completed 2 years of total active service.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his Reserve obligation.  The DD Form 214 he was issued at the time shows he was awarded the:

* Vietnam Service Medal with 4 bronze service stars
* Air Medal
* Bronze Star Medal
* National Defense Service Medal
* Combat Infantryman Badge
* Purple Heart
* Republic of Vietnam Campaign Medal with Device (1960)
* First Class (Sharpshooter) Marksmanship Qualification Badge with Machinegun (M-60) Bar
* Republic of Vietnam Gallantry Cross with Silver Star
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar

5.  A review of the applicant's military personnel records failed to reveal any evidence he was recommended for or awarded the Army Commendation Medal or the Army Good Conduct Medal (1st Award).

6.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the Army Good Conduct Medal (1st Award).

7.  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 any orders for the Army Commendation Medal or the Army Good Conduct Medal pertaining to the applicant.

8.  In support of his application, the applicant provides a copy a Letter of Achievement issued by Headquarters and Headquarters Company, 3rd Brigade, 1st Air Cavalry Division (Airmobile), dated 26 September 1968, that shows his company commander congratulated him on his selection as the Outstanding Soldier for the Third Quarter of 1968.

9.  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 the units to which the applicant was assigned was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by Department of the Army General Order (DAGO) Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 by DAGO Number 42, dated 1972

10.  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.

11.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a. Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

	b.  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.

12.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

13.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, Soldier Programs and Services Division, 1600 Spearhead Division Avenue, Fort Knox, Kentucky  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Army Commendation Medal and the Army Good Conduct Medal (1st Award).

2.  There are no orders or other evidence, and the applicant provides insufficient evidence, to show he was recommended for or awarded the Army Commendation Medal.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

3.  While the available evidence is insufficient for correcting the applicant's records to show award of the Army Commendation Medal, this in no way affects his right to pursue his claim for the award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

4.  The applicant served a period of active duty enlisted service from 19 July 1967 through 18 July 1969.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the Army Good Conduct Medal.  He received all "excellent" conduct and efficiency ratings during his period of service, he was selected as the Outstanding Soldier for the Third Quarter of 1968, and he was promoted to SGT/E-5 with only
16 months of active service.  He was also awarded the Air Medal for meritorious achievement and the Bronze Star Medal for meritorious service during his tour of duty in the RVN.  Therefore, based on the available evidence it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 19 July 1967 through 18 July 1969 and to correct his DD Form 214 to show this award.

5.  The evidence of record shows he served in Vietnam during five campaigns.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this silver service star.

6.  His units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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.  deleting from his DD Form 214 the Vietnam Service Medal with four bronze service stars;

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period
19 July 1967 through 18 July 1969;

	c.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 1 silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 award of the Army Commendation Medal and correction of his DD Form 214 to show this award.




      _______ _  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)                                         AR20120008667



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ABCMR Record of Proceedings (cont)                                         AR20120008667



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