IN THE CASE OF:	  

		BOARD DATE:	  10 October 2013

		DOCKET NUMBER:  AR20130001755 


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 Certificate of Transfer or Discharge) to show the Army Commendation Medal (ARCOM), Certificates of Appreciation, and Letters of Commendations.

2.  The applicant states these documents were not added to his DD Form 214.

3.  The applicant provides:

* 3 letters of commendation
* 2 certificates of appreciation
* ARCOM certificate and citation

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.  He enlisted in the Regular Army on 20 March 1969.

3.  He served in the Republic of Vietnam (RVN) from 23 November 1969 to 
5 November 1970 while assigned to:

* Howitzer Battery, 1st Squadron, 11th Armored Cavalry Regiment from 
28 November 1969 to 24 August 1970
* Headquarters and Main Support Company (HMSC) 185th Maintenance Battalion from 9 September to 22 November 1970

4.  His military personnel records contain an award certificate, issued on 
27 January 1970, which awarded him the ARCOM for meritorious service in the RVN from November 1969 to November 1970.

5.  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, did not revealed orders awarding the applicant the ARCOM.

6.  On 6 November 1970, he was honorably released from active duty.  His DD Form 214 shows he attained the rank of specialist four, pay grade E-4.  He completed a total of 1 year, 7 months, and 17 days of active duty service.

7.  His DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, and RVN Campaign Medal with "1960" device.

8.  The applicant provided 3 letters of commendation and 2 certificates of appreciation which he received during his period of service in RVN.

9.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that the majority of his conduct and efficiency ratings were “excellent”.  Those ratings that were not “excellent” were marked as “unknown.”  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

10.  Army Regulation 600-8-22, (Military Awards) gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.
11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each 
credited campaign.  Appendix B shows that during his service in Vietnam, he participated in the following three campaigns:

* Vietnam Winter-Spring (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970- 30 June 1971)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This pamphlet shows his unit was cited for the following awards:

* Valorous Unit Award for the period 1 May - 29 June 1970 by Department of the Army General Orders (DAGO) 43 dated 1972
* RVN Gallantry Cross with Palm Unit Citation for the period 1 May 1969 - 
5 February 1970 by DAGO 50, dated 1971 and for the period 1 March - 
15 February 1970 by DAGO 55, dated 1971 

13.  Paragraph 6 (Miscellaneous Information) of this same regulation states that not more than one award of the RVN Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

14.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends 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.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  He provided and his record contains an award certificate which shows he was awarded the ARCOM during his period of service in Vietnam.  This award should be added to his DD Form 214.

2.  He participated in three campaigns while serving in Vietnam.  Therefore, he is authorized three bronze service stars for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 to show this award.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four, receiving a personal decoration, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation on two separate occasions and the Valorous Unit Award during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.  The applicant should note that multiple awards of the RVN Gallantry Cross with Palm Unit Citation is not authorized for wear on his uniform; however, his official military personnel and historical records will indicate all awards received.

5.  Commanders may recognize acts, achievements, periods of faithful service in Letters of Commendation.  Letters of Commendation do not meet the standards required for decorations and there is no distinguishing device authorized for wear to indicate receipt of a Letter of Commendation.  Additionally, there is no provision to list a Letter of Commendation on the DD Form 214.

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.  awarding him the Army Good Conduct Medal for the period 20 March 1969 to 6 November 1970; and
	b.  adding to his DD Form 214 the:

* Army Commendation Medal
* Valorous Unit Award
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal

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 letters of commendation and certificates of appreciation 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)                                         AR20130001755





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ABCMR Record of Proceedings (cont)                                         AR20130001755



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