IN THE CASE OF:  

		BOARD DATE:  13 November 2014	  

		DOCKET NUMBER:  AR20140005947 


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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 22 May 1968:

* Army Commendation Medal
* Army Good Conduct Medal

2.  The applicant states the above awards were not put on his DD Form 214 when he separated from the service.

3.  The applicant provides:

* Headquarters (HQ), 2nd Armored Division General Orders Number 192, dated 20 May 1968
* a citation for the award of the Army Commendation Medal
* his 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.  On 23 May 1966, he was inducted into the Army of the United States.  

3.  He was assigned to Battery D, 1st Battalion, 84th Artillery in the Republic of Vietnam from 7 February 1967 to 2 February 1968.  He participated in three campaigns.

4.  He provided HQ, 2nd Armored Division General Orders Number 192, dated 20 May 1968 awarding him the Army Good Conduct Medal (First Award) for service from 23 May 1966 to 22 May 1968.

5.  On 22 May 1968, he was released from active duty.  His DD Form 214 shows he was awarded the: 

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with 1 bronze service star
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not indicate he was awarded the Army Commendation Medal.

7.  There are no orders in his Military Personnel Records Jacket (MPRJ) for the award of the Army Commendation Medal.

8.  He provided a citation indicating he was awarded the Army Commendation Medal for exceptionally meritorious service in support of the United States objectives in the counter-insurgency effort in the Republic of Vietnam during the period 5 February 1967 to 2 February 1968.  However, the citation contains no signature and no order number.

9.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders awarding him the Army Commendation Medal.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, and unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that, during the time of the applicant’s assignment to the 
1st Battalion, 84th Artillery the unit was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period  1 December 1966 - 30 June 1968 by Department of the Army General Orders (DAGO) Number 31 dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation - 19 December 1966 - 28 June 1969 by DAGO Number 59, dated 1969

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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, distinguished 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.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  Army regulations require that for all personal decorations formal recommendations, approval through the chain of command, and announcement in orders are required.  A review of ADCARS did not reveal any orders showing he was awarded the Army Commendation Medal.  His DA Form 20 does not show he was awarded the Army Commendation Medal.  There is no recommendation or orders in his MPRJ for the Army Commendation Medal.  Therefore, there is insufficient evidence available to add the Army Commendation Medal to his DD Form 214.

2.  Orders he provided show he was awarded the Army Good Conduct Medal (First Award).  Therefore, this award should be added to his DD Form 214.

3.  He participated in three campaigns during his service in Vietnam.  Therefore, he is authorized three bronze service stars to be worn on his already awarded Vietnam Service Medal.

4.  Based on his service with the 1st Battalion, 84th Artillery, he is authorized the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

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 amending his DD Form 214 with an effective date of 22 May 1968 by deleting the Vietnam Service Medal with 1 bronze service star and adding the:

* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with 3 bronze service stars
* 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 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)                                         AR20140005947



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ABCMR Record of Proceedings (cont)                                         AR20140005947



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