IN THE CASE OF:	  

		BOARD DATE:	  16 July 2013

		DOCKET NUMBER:  AR20120021555 


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 reconsideration of an earlier appeal that the Army Commendation Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  In addition, the applicant requests that he be issued the medal.

2.  The applicant states he is submitting new evidence that will show he was awarded the Army Commendation Medal.

3.  The applicant provides General Orders Number 430, dated 18 April 1970, issued by Headquarters, I Field Force Vietnam and an undated letter from Headquarters, I Field Force Vietnam.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110019571 on 10 April 2012.

2.  The applicant provides new evidence that will be considered by the Board.

3.  The applicant was inducted into the Army of the United States on 22 May 1968.

4.  Special Orders Number 167, dated 16 June 1969, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, WA, show he was awarded the First Class Gunner (now called Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar.

5.  The applicant was assigned to Headquarters and Headquarters Company, 1st Battalion, 50th Infantry, 173rd Infantry Brigade, on 25 July 1969, in the Republic of Vietnam (RVN). 

6.  On 11 April 1970, the applicant departed the RVN.  On 15 April 1970, he was honorably released from active duty in the rank/grade of specialist four 
(SP4)/E-4 after completing 1 year, 10 months, and 14 days of creditable active service with no lost time.

7.  General Orders Number 430, dated 18 April 1970, issued by Headquarters, I Field Force Vietnam, show the applicant was awarded the Army Commendation Medal for meritorious service during the period 29 July 1969 to 13 May 1970.

8.  The applicant's DD Form 214 shows he was awarded or authorized the following:

* National Defense Service Medal
* RVN Campaign Medal with Device (1960)
* Vietnam Service Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.

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; 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) contains the regulatory guidance for 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.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with two campaigns:

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

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to the 1st Battalion, 50th Infantry, it was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation during the period 5 April 1968 through 6 October 1969 based on Department of the Army General Orders (DAGO) 50, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 
1 October 1969 through 1 February 1970 based on DAGO 42, dated 
1972

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided orders, that appear to be valid, that show he was awarded the Army Commendation Medal for meritorious service in the RVN.  His DD Form 214 should be amended to add this award.

2.  The applicant was released from active duty in the rank of SP4 with 1 year, 10 months, and 14 days of creditable active service with no lost time.  His records contain no derogatory information.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 22 May 1968 through 15 April 1970 based on completion of a period of qualifying service. Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and it should be added to his DD Form 214.

3.  Evidence of record shows the applicant served in the RVN with Headquarters and Headquarters Company, 1st Battalion, 50th Infantry, 173 Infantry Brigade, from 25 July 1969 to 11 April 1970.  He is entitled to award of RVN Civil Actions Honor Medal First Class Unit Citation, and RVN Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be amended to add these awards.

4.  The applicant's participation in two campaigns entitles him to two bronze service stars for wear on his Vietnam Service Medal.
5.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.  His DD Form 214 should be amended to show this award.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20110019571, dated 10 April 2012.  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 the period 
22 May 1968 through 15 April 1970; 

	b.  amending his DD Form 214 to add:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* RVN Civil Actions Honor Medal First Class Unit Citation
* RVN Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Machine Gun 	Bar 
* two bronze service stars for wear on his Vietnam Service Medal; and 

	c.  issuing him 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)                                         AR20120021555



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ABCMR Record of Proceedings (cont)                                         AR20120021555



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