IN THE CASE OF:	   

		BOARD DATE:	  17 October 2013

		DOCKET NUMBER:  AR20130003309 


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 Good Conduct Medal and the Army Commendation Medal.

2.  The applicant states he should be awarded the Army Good Conduct Medal for exemplary service from 3 March 1965 through 25 April 1969.  Further, he should be awarded the Army Commendation Medal for his outstanding combat performance that included volunteering to go into enemy tunnels and continuing to fight after suffering damage to his lungs that affected his breathing.  He also received severe wounds from a booby-trapped hooch that resulted in his medical evacuation from Vietnam.

3.  The applicant provides:

* two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 26 April 1966 and 25 April 1969
* various training certificates and a letter of commendation
* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)
* Witness Statement
* General Orders Number 2234, issued by Headquarters, Americal Division, dated 27 April 1968
* General Orders Number 44, issued by Headquarters, 91st Evacuation Hospital, dated 9 May 1968


* Honorable Discharge Certificate from the U.S. Army Reserve, dated
7 March 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 March 1965.  He completed training and he held military occupational specialty 11C (Infantry Indirect Fire Crewman).  He reenlisted on 27 April 1966.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 31 (Foreign Service) he served in Vietnam from 6 December 1967 to 29 May 1968.

	b.  Item 38 (Record of Assignments) he was assigned to the following units in Vietnam:

* Company D, 3rd Battalion, 1st Infantry, 11th Infantry Brigade from 
6 December 1967 through 27 May 1968
* Medical Holding Detachment, 106th General Hospital in a patient status from 28 May 1968 through 16 July 1968

	c.  Item 38 he received "excellent" conduct and efficiency ratings for all periods of service except during periods identified as a permanent change of station wherein he received "unknown" ratings.

	d.  Item 40 (Wounds) contains two entries showing he was wounded as a result of hostile action as follows:

* Burns to face and right arm on 11 April 1968
* Multiple fragment wounds over entire body on 1 May 1968
	e.  Item 41 (Awards and Decorations) no entry for award of the Army Good Conduct Medal or Army Commendation Medal.  There is no evidence in the available records showing he was awarded the Army Commendation Medal or the Army Good Conduct Medal.

4.  He accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for operating his vehicle without a valid license or registration on 19 August 1967.  There is no evidence of any other derogatory or disciplinary actions against the applicant or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

5.  He was honorably released from active duty on 25 April 1969.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* Vietnam Service Medal with 2 bronze service stars
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Purple Heart with First Oak Leaf Cluster
* First Class Gunner (Sharpshooter Marksmanship Qualification Badge with Mortar Bar) (81mm Mortar)
* Marksman Marksmanship Qualification Badge with Pistol Bar

6.  Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of Department of the Army General Orders (DAGO) issued during the Vietnam era between 1965 and 1973, maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Army Commendation Medal pertaining to the applicant.

7.  The applicant provides various training certificates, a letter of commendation, and his Purple Heart orders that show his achievements and his exemplary service.

8.  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.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

9.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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.

	b.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states 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:

* Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968)
* Tet Counteroffensive (30 January to 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April - 30 June 1968)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d states Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

11.  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.

12.  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, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  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 requests award of the Army Good Conduct Medal and the Army Commendation Medal.

2.  The record shows he received "excellent" conduct and efficiency ratings for each duty assignment with the exception of a period of "unknown" ratings which were not disqualifying.  He accepted UCMJ on one occasion for a minor offense; however, there is no record of a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, he should be awarded this medal for the period from 3 March 1965 to 2 March 1968 and his DD Form 214 should be corrected to show this award.

3.  The applicant's record is void of any official recommendation or permanent orders awarding him the Army Commendation Medal.  Therefore, there is insufficient evidence to award him this award or correct his DD Form 214 to show this award.

4.  While the available evidence is insufficient for awarding him 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.

5.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his
DD Form 214 should be corrected to show this unit award.

6.  Records show the applicant participated in three campaigns that entitle him to three bronze service stars for wear on his already-awarded Vietnam Service Ribbon.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.


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 for the period ending 25 April 1969 the Vietnam Service Medal with two bronze service stars;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
3 March 1965 through 2 March 1968; and 

	c.  adding to his DD Form 214 for the period ending 25 April 1969 the:

*	Army Good Conduct Medal (1st Award)
*	Vietnam Service Medal with three bronze service stars
*	Republic of Vietnam Gallantry Cross with Palm 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.



      _______ _   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)                                         AR20130003309



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ABCMR Record of Proceedings (cont)                                         AR20130003309



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