IN THE CASE OF:	

		BOARD DATE:	  5 September 2013

		DOCKET NUMBER:  AR20130000076 


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 Army Commendation Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states the above awards were omitted from his DD Form 214.

3.  The applicant provides:

* DD Form 214 
* Army Commendation Medal certificate, dated 24 January 1970
* Army Commendation Medal citation for the period March 1969 to March 1970
* Headquarters, Department of the Army General Orders (DAGO) Number 52, dated 16 November 1971 

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 3 October 1968.  He completed training and was awarded military occupational specialty 91E (Dental Specialist).

3.  The applicant arrived in the Republic of Vietnam (RVN) on 25 March 
1969 and was assigned to the 210th General Dispensary.  On 5 September 1969, he was reassigned to the 39th Medical Detachment.

4.  On 18 March 1970, the applicant departed the RVN.  On 20 August 1971, he was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 after completing 2 years, 10 months, and 18 days of creditable active service with no lost time.

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

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 

6.  The applicant provided an Army Commendation Medal certificate, dated 
24 January 1970, and an Army Commendation Medal citation that shows he was awarded the Army Commendation Medal for meritorious service during the period March 1969 to March 1970.

7.  There are no general orders in the applicant's service personnel records that show he was awarded the Army Commendation Medal.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the Army Commendation Medal.

8.  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 United States 
Army Human Resources Command, failed to reveal any orders for the Army Commendation Medal pertaining to the applicant.


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 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) provides that 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, distinguished 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.  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 39th Medical Detachment, it was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 29 July 1969 through 17 November 1970 based on DAGO 52, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 
24 December 1967 through 31 October 1969 based on DAGO 53, dated 1970

13.  At a time the applicant was assigned to the 210th General Dispensary, it was cited for the Meritorious Unit Commendation during the period 15 June 
1969 through 28 February 1970 based on DAGO 43, dated 1973.

14.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, 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 three campaigns:

* Tet 69/Counteroffensive (23 February 1969 - 8 June 1969) 
* Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969) 
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

DISCUSSION AND CONCLUSIONS:

1.  The applicant was released from active duty in the rank of SP5 with 2 years, 10 months, and 18 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 
3 October 1968 through 20 August 1971 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.

2.  He was assigned to two units during a period of time the units were cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Meritorious Unit Commendation

3.  Therefore, his DD Form 214 should be corrected to show the above unit awards

4.  His participation in three campaigns makes him eligible for three bronze service stars to be worn on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to show these awards.

5.  The applicant provided a certificate and citation that shows he was awarded the Army Commendation Medal.  However, there are no orders in the available records that verify the approving authority awarded the applicant the Army Commendation Medal.  Unfortunately, the certificate and citation provided by the applicant alone are insufficient evidence to show he was awarded the Army Commendation Medal.









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 by:

   a.  awarding him the Army Good Conduct Medal (1st Award) for the period
3 October 1968 through 20 August 1971;

 	b.  deleting from his DD form 214 the Vietnam Service Medal with two bronze service stars; and

	c.  amending his DD Form 214 to add:

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation 
* Meritorious Unit Commendation
* Vietnam Service Medal with three 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 adding the Army Commendation Medal to his DD Form 214.



      _______ _   _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)                                         AR20130000076





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ABCMR Record of Proceedings (cont)                                         AR20130000076



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