BOARD DATE:	  20 November 2014

		DOCKET NUMBER:  AR20140006495 


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 with 2nd Oak Leaf Cluster (OLC) and Bronze Star Medal.

2.  The applicant states the medals and citations are in his possession but are not listed on his DD Form 214.  The citation for the Army Commendation Medal lists an incorrect social security number (SSN); however, the orders for this award list the correct SSN.

3.  The applicant provides copies of the following:

* General Orders (GO) Number 9243
* Army Commendation Medal with 2nd OLC citation and certificate
* GO Number 13438
* Bronze Star Medal citation and certificate
* 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant was inducted into the Army of the United States on 1 April 1968.  He was awarded military occupational specialty 91B (medical aidman).  

3.  Special Orders Number 110, issued by Headquarters, 1st Basic Combat Training Brigade, Fort Jackson, SC, on 21 May 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  He served in Vietnam from 9 September 1968 through on or about 1 November 1969, during four campaigns.  He was assigned to Company B, 1st Medical Battalion, 1st Infantry Division.

5.  He provided copies of the following GO issued by Headquarters, 1st Infantry Division:

* GO Number 9243, on 25 August 1969, awarding him the Army Commendation Medal with 2nd OLC for meritorious service in Vietnam from September 1968 to September 1969, and the resulting citation and certificate
* GO Number 13438, on 21 October 1969, awarding him the Bronze Star Medal for meritorious service in Vietnam from September 1968 to November 1969, and the resulting citation and certificate

6.  He was honorably released from active duty in pay grade E-4 on 4 November 1969 and he was transferred to the U.S. Army Reserve Control Group (Annual Training).  He was credited with completing 1 year, 7 months, and 4 days of net active service.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Meritorious Unit “Citation”
* Army Commendation Medal



7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his period of service, there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service. 

8.  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 of service entirely during the period 7 December 1941 through 
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-marital.

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized for wear on the Vietnam Service Medal to denote participation in a named campaign.

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, Company B, 1st Medical Battalion, 1st Infantry Division, was cited for award of the:

* Meritorious Unit Commendation, for the period 1 April through 30 September 1968, by Department of the Army General Orders (DAGO) Number 31, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 12 July 1965 through 16 October 1968, by DAGO Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 12 July 1965 through 7 April 1970, by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Army Commendation Medal with 2nd OLC and Bronze Star Medal during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The evidence of records shows he received "excellent" conduct and efficiency ratings during his period of active service, attained the rank of pay grade E-4, and served in Vietnam earning the Army Commendation Medal and Bronze Star Medal.  Therefore, it appears he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 1 April 1968 through 4 November 1969 and its addition to his DD Form 214.
3.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) during his period of service.  Therefore, his DD Form 214 should be corrected to show this badge.

4.  He served in Vietnam during four campaigns; therefore, he is entitled to award of four bronze service stars to be added to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

5.  GO awarded his unit 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 service in Vietnam.  The Meritorious Unit Commendation is currently listed on his DD Form 214 but it is listed incorrectly.  Therefore, he is entitled to correction of his DD Form 214 to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Meritorious Unit Commendation.

6.  It is noted that current award citations do not list the Soldier's SSN on it.  In keeping with current standards to add or change any entries on his citation for the Army Commendation Medal at this time would serve no useful purpose.

BOARD VOTE:

___x_____  __x______  __x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 his period of service from 1 April 1968 through 4 November 1969;

   b.  deleting from his DD Form 214 the Army Commendation Medal, Vietnam Service Medal, and Meritorious Unit Citation; and

c.   adding to this DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal (3rd Award)
* Bronze Star Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* 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)                                         AR20140006495



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ABCMR Record of Proceedings (cont)                                         AR20140006495



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