IN THE CASE OF: 

		BOARD DATE:  31 July 2014

		DOCKET NUMBER:  AR20130021646


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 all his authorized awards.

2.  The applicant states that all his authorized awards are not listed on his 
DD Form 214.

3.  The applicant provides copies of his:

* Army Commendation Medal Certificate for meritorious achievement for the period 1 July to 30 November 1970
* Bronze Star Medal Certificate for meritorious achievement from June 1970 to April 1971
* DD Form 214

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 26 January 1970.  He held military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  His DA Form 2-1 (Personnel Qualification Record - Part II), started anew in 1979 when he rejoined the U.S. Army Reserve, shows in:

	a.  item 5 (Oversea Service) that he served in Vietnam from 24 June 1970 through 11 April 1971; and 

	b.  item 9 (Awards, Decorations and Campaigns) the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with M-16 Rifle and .45 Caliber Pistol Bars

4.  He was honorably released from active duty on 28 September 1971, in the rank of specialist four (SP4)/E-4.  He had completed 1 year, 8 months, and 
3 days of creditable active duty service.  His DD Form 214 lists his authorized awards as the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with M-16 Rifle,
   M-60 Machinegun, and M-79 Grenade Launcher Bars
* Sharpshooter Marksmanship Qualification Badge with M-14 Rifle and 
.45 Caliber Pistol Bars

5.  His records contain general orders showing that, as a member of C Company, 2nd Battalion (Airmobile), 506th Infantry, he was awarded the:

	a.  Bronze Star Medal on 19 April 1971 for service from June 1970 to April 1971; and 

	b.  Air Medal on 5 May 1971 for service from 1 June to 1 July 1970.  
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, failed to reveal any additional orders pertaining to the applicant. 

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

8.  Army Regulation 600-8-22 (Military Awards) 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, 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.

	b.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  During his service in Vietnam, the applicant participated in the following two campaigns: 

* Sanctuary Counteroffensive		1 May - 30 June 1970
* Counteroffensive Phase VII			1 July 1970 - 30 June 1971

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This pamphlet shows the 2nd Battalion, 506th Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March-9 October 1971 by Department of the Army General Orders (DAGO) Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the absence of conduct and efficiency ratings which occurs because his DA Form 2-1 was started anew, the available evidence clearly shows he distinguished himself in the performance of his military service as shown by his receipt of the Combat Infantryman Badge, significant personal decorations, and promotion to SP4.  There is no evidence of a commander's disqualification for the Army Good Conduct Medal (1st Award).  It is presumed he did not receive the Army Good Conduct Medal (1st Award) for his service due to an oversight.  

2.  General orders show he was awarded the Bronze Star Medal and Air Medal. 

3.  Records show he participated in two campaign periods during his service in the Vietnam.  Therefore, he is authorized two bronze 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.

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

6.  The applicant provides a certificate showing he was awarded the Army Commendation Medal; however, there are no available orders showing he was awarded the Army Commendation Medal.  The governing regulation requires announcement in orders for award of the Army Commendation Medal.  In the absence of award orders, the award should not be added to his 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 (1st Award) for the period 
2 June 1970 to 11 December 1971; and


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

* Army Good Conduct Medal (1st Award)
* Bronze Star Medal
* Air Medal
* two bronze service stars for wear on his already-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 

2.  The Board further determined 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 the Army Commendation Medal 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)                                         AR20100025029



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ABCMR Record of Proceedings (cont)                                         AR20130021646



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