IN THE CASE OF: 

		BOARD DATE:  4 March 2014

		DOCKET NUMBER:  AR20130012033


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.

2.  The applicant states he was awarded the Army Commendation Medal, but it is not listed on his DD Form 214.  He discovered the error while working with the Department of Veterans Affairs for benefits.

3.  The applicant provides copies of his DD Form 214 and Army Commendation Medal Citation and Certificate.

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 28 July 1967.  He held military occupational specialty (MOS) 36K (Field Wireman).  

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

	a.  item 38 (Record of Assignments) that he was assigned to Headquarters and Headquarters Company, 2d Battalion, 18th Infantry, 1st Infantry Division, in Vietnam from 16 January 1968 to 30 December 1968. 

	b.  item 41 (Awards and Decorations) that he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and the Air Medal.

4.  All his conduct and efficiency ratings were "excellent."

5.  He was honorably released from active duty on 21 July 1970 as a specialist four (SP4)/E-4.  He had completed 2 years, 11 months, and 24 days of active duty service.  His DD Form 214 lists his authorized awards as the:

* National Defense Service Medal
* Vietnam Service Medal
* Air Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 
1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, revealed he was awarded the Army Commendation Medal by General Orders Number 12518, Headquarters, 1st Infantry Division, dated 29 November 1968, for the period January to November 1968.

7.  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.   There must have been no convictions by a court-martial.  

8.  Army Regulation 600-8-22 (Military Awards) states the 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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is authorized in lieu of five bronze service stars.  During his service in Vietnam, the applicant participated in the following five campaigns: 

* Counteroffensive Phase III               1 June 1967 - 29 January 1968
* Tet Counteroffensive                     30 January - 1 April 1968
* Counteroffensive Phase IV               2 April - 30 June 1968
* Counteroffensive Phase V                1 July - 1 November 1968
* Counteroffensive Phase VI               2 November 1968 - 22 February 1969

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965-16 October 1968 by Department of the Army General Order (DAGO) Number 21, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965-
7 April 1970 by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  General orders show he was awarded the Army Commendation Medal, and his DA Form 20 shows he was awarded the Republic of Vietnam Campaign Medal with Device (1960).

2.  The available evidence clearly shows he distinguished himself in the performance of his military service as evidenced by his receipt of two personal decorations, "excellent" conduct and efficiency ratings, honorable release from active duty, and advancement to SP4.  There is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.  It is presumed that his not receiving the first award of the Army Good Conduct Medal for his service was an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal.

3.  Records show he participated in five campaign periods during his service in the Vietnam.  Therefore, he is entitled to one silver service stars for wear on his already-awarded Vietnam Service Medal.
4.  During the applicant's service in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

5.  His DD Form 214 should be corrected to show these awards.

BOARD VOTE:

____x___  ___x_____  ___x___  GRANT FULL RELIEF 
________  ________  ______ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for 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 (1st Award) for the period 
28 July 1967 to 21 July 1970; and 

	b.  adding the following awards to his DD Form 214:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* one silver service star for wear on his already-awarded Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 



      _____________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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20130012033



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