IN THE CASE OF:    

		BOARD DATE:  16 September 2014  	  

		DOCKET NUMBER:  AR20140002870 


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:

* Bronze Star Medal with "V" Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Army Commendation Medal

2.  The applicant states, in effect, his record was never updated upon his discharge and he would like to have it corrected.

3.  The applicant provides:

* General Orders Number 6595
* Bronze Star Medal with "V" Device Certificate
* Bronze Star Medal with "V" Device Citation
* Army Commendation Medal Certificate
* Army Commendation Medal Citation
* a letter from the National Personnel Records Center

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 20 April 1967.  He completed his initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  Evidence further shows he served in the Republic of Vietnam from 13 September 1967 to 7 September 1968 with Company B, 2nd Battalion, 22nd Infantry Regiment.

3.  Special Orders Number 146, issued by U.S. Army Training Center Infantry, Fort Lewis, WA, dated 2 June 1967, show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Special Orders Number 110, issued by Headquarters, 3rd Training Brigade (Infantry), U.S. Army Training Center, Fort Gordon, GA, dated 20 July 1967, show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  Special Orders Number 112, issued by Headquarters, 3rd Training Brigade (Infantry), U.S. Army Training Center, Fort Gordon, GA, dated 24 July 1967, show he was awarded the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).

6.  The applicant provides and his records contain General Orders Number 6595, issued by Headquarters, 25th Infantry Division, dated 23 September 1968, showing he was awarded the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 28 June 1968.

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record does not contain any derogatory information 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.

8.  On 17 April 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214  shows he was awarded or authorized the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)

9.  The applicant provides an Army Commendation Medal certificate and accompanying citation which state he was presented the Army Commendation Medal for exceptionally meritorious service as an administrative clerk throughout the period 21 November 1969 to 17 April 1970.

10.  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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Army Commendation Medal pertaining to the applicant.

11.  Army Regulation 600-8-22 (Military Awards) states 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.

12.  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.

13.  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.  During the period in which the applicant was assigned to Company B, 2nd Battalion, 22nd Infantry Regiment his unit was cited for award of the:

	a.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 August 1967 to 21 January 1970, by Department of the Army General Order (DAGO) Number 51, dated 1971.

	b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 August 1967 to August 1968, by DAGO 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16), and the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

2.  General orders awarded him the Bronze Star Medal with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record confirms he served honorably during the period 20 April 1967 through 17 April 1970.  Evidence shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record 
does not contain a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate at this time to award him this medal for the period                20 April 1967 through 17 April 1970 and to correct his DD Form 214 to show this medal.

4.  Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These unit awards are not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show them.

5.  There is no evidence in the available records that shows the applicant was awarded the Army Commendation Medal.  Unfortunately, the Army Commendation Medal certificate and citation he submitted is insufficient to confirm this award.  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).   In the absence of orders there is an insufficient evidentiary basis for granting this portion applicant's requested relief.







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.  awarding him the Army Good Conduct Medal (1st Award) for the period
20 April 1967 through 17 April 1970;
   
   b.  adding the following to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16)
* Expert Marksmanship Qualification Badge with Machine Gun Bar        (M-60)   
* Bronze Star Medal with "V" Device 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 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)                                         AR20140002870





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ABCMR Record of Proceedings (cont)                                         AR20140002870



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