IN THE CASE OF:	  

		BOARD DATE:	  27 May 2014

		DOCKET NUMBER:  AR20130017203 


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 an Army Commendation Medal for his service in Vietnam, but the award is not listed on his DD Form 214.

3.  The applicant provides his DD Form 214; a photograph; and a newspaper article, dated 11 March 1970.

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 24 May 1968.  He completed training and he held military occupational specialty 44E (Machinist).

3.  His military records contain Headquarters, 20th Engineer Brigade, General Orders Number 1344, dated 20 December 1969, awarding him the Army Commendation Medal.

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

	a.  item 31 (Foreign Service) that he received overseas tour credit for service in Vietnam from 18 January 1969 to 12 September 1969;

	b.  item 38 (Record of Assignments) that he was assigned to Company A, 93d Engineer Battalion (Construction), 20th Engineer Brigade, during his service in Vietnam; and

	c.  item 38 that he received "excellent" conduct and efficiency ratings for all periods of service except one for which he received "unknown" ratings.  There is no evidence of any 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 21 May 1971.  He completed 2 years, 11 months, and 28 days of active service during this period.  His DD Form 214 shows he was awarded or authorized the:

* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* one overseas service bar
* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  The applicant provided a Gloucester Daily Times article which states he was awarded the Army Commendation Medal for meritorious service in Vietnam.

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 the 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.

8.  Army Regulation 600-8-22 (Military Awards) provides the regulatory guidance for award of the Vietnam Service Medal.  It states 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, participation credit was awarded for the following three campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 93d Engineer Battalion was awarded the:

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 August 1967 to 9 February 1970 by Department of the Army General Orders 43, dated 1970
* Meritorious Unit Commendation for the period 1 October 1968 to 30 June 1969 by Department of the Army General Orders 51, dated 1971

10.  Department of the Army Pamphlet 672-3, paragraph 6, states Department of the Army General Orders 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of the Army Commendation Medal.

2.  His records contain general orders showing he was awarded the Army Commendation Medal during his service in Vietnam.

3.  His records show he received "excellent" conduct and efficiency ratings for each duty assignment with the exception of a period of "unknown" which was not disqualifying for award of the Army Good Conduct Medal.  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 24 May 1968 through 21 May 1971 and his DD Form 214 should be corrected to show this award.

4.  His unit in Vietnam was awarded the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 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.

5.  He participated in three campaigns which entitle him to three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

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 24 May 1968 through 21 May 1971 and

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

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation


* three bronze service stars with his already-awarded Vietnam Service 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)                                         AR20130017203



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ABCMR Record of Proceedings (cont)                                         AR20130017203



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