BOARD DATE:	  6 March 2014

		DOCKET NUMBER:  AR20130011841 


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 the Air Medal and two awards of the Army Commendation Medal. 

2.  The applicant states only that he would like the above medals added to his DD Form 214.

3.  The applicant provides his DD Form 214 and three certificates.

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 15 May 1969 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam while assigned as follows from:

* 13 November 1969 to 17 September 1970, 2nd Battalion, 47th Infantry Regiment
* 18 September to 29 October 1970, 148th Ordnance Company 

3.  His records contain the following orders:

* Special Orders (SO) Number 80, dated 21 March 1970, issued by Headquarters (HQ), 3rd Brigade, 9th Infantry Division, awarding him the Combat Infantryman Badge
* General Order (GO) Number 3127, dated 1 August 1970, issued by HQ, II Field Force Vietnam, awarding him the Air Medal
* GO Number 3158, dated 4 August 1970, issued by HQ, II Field Force Vietnam, awarding him the Army Commendation Medal for the period 13 March to 13 July 1970
* GO Number 98, dated 21 April 1971, issued by HQ, 197th Infantry Brigade, Fort Benning, GA, awarded him the Army Good Conduct Medal (1st Award)

4.  He was honorably released from active duty on 14 May 1971 and he was transferred to the U.S. Army Reserve.

5.  The DD Form 214 he was issued shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* two overseas service bars
* Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  On 26 February 2013, he was issued a DD Form 215 (Correction to DD Form 214) that added the Purple Heart.

7.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows, in part, only one award of the Army Commendation Medal.  It also shows the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).

8.  His record is void of orders showing he was awarded a second Army Commendation Medal.

9.  The applicant provides a certificate, dated 4 August 1970, wherein it shows he was awarded the Army Commendation Medal for the period 13 March to 13 July 1970.  He provides a second certificate, dated 21 August 1970, wherein it shows he was awarded the Army Commendation Medal for the period 13 November 1969 to 13 March 1970.

10.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in three campaigns.

	b.  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.

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 47th Infantry Regiment was cited for award of the:

* Valorous Unit Award for the period 1 May through 29 June 1970, in DAGO Number 43, dated 1972 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 29 July 1969 through 20 July 1970, in DAGO Number 55, dated 1971
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 26 July 1969 through 20 July 1970, in DAGO Number 55, dated 1971 

DISCUSSION AND CONCLUSIONS:

1.  GO/SO awarded the applicant the Combat Infantryman Badge, Air Medal, Army Commendation Medal, and the Army Good Conduct Medal (1st Award).  Additionally, his DA Form 20 shows he was authorized the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60).  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  His record confirms during his service in Vietnam, he participated in three campaigns.  Therefore, he is entitled to an additional bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

3.  His unit in Vietnam was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  With respect to the second award of the Army Commendation Medal, his record is void of orders showing he was awarded a second Army Commendation Medal.  The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Army Commendation Medal.  Regrettably, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show award of the Army Commendation Medal (2nd Award).

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:

* deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars
* adding to his DD Form 214 the:

* Air Medal
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Vietnam Service Medal with three bronze service stars
* Valorous Unit Award
* 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 a second 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)                                         AR20130011841



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ABCMR Record of Proceedings (cont)                                         AR20130011841



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