BOARD DATE:	  13 January 2015

		DOCKET NUMBER:  AR20140007603 


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 and two awards of the Army Commendation Medal.

2.  He states:

* he received a Bronze Star Medal and two Army Commendation Medals while serving in Vietnam from September 1969 to September 1970
* these medals are not listed on his DD Form 214  
* he has copies for one of the Army Commendation Medals but he doesn't have orders for the other award or Bronze Star Medal

3.  He provides orders for award of the Army Commendation Medal, award certificate, and photographs of a Bronze Star Medal and two Army Commendation Medals.

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 September 1968.

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

	a.  item 31 (Foreign Service), he was credited with service in Vietnam from 11 September 1969 to 10 September 1970.  

	b.  item 33 (Appointments and Reductions), he was promoted to staff sergeant (SSG)/E-6 on 19 December 1969.

	c.  item 38 (Record of Assignments), he was assigned to Headquarters and Headquarters Company, 3rd Battalion, 1st Infantry Regiment, 11th Infantry Brigade.

	d.  item 38, he received "excellent" conduct and efficiency ratings during his tenure on active duty.

4.  He provided Headquarters, Americal Division, General Orders Number 7974, dated 4 July 1970 which show he was awarded the Army Commendation Medal for meritorious achievement during the period 1 February to 31 May 1970.

5.  His service record contains Headquarters, Americal Division, General Orders Number 10192, dated 7 August 1970, which show he was awarded the Bronze Star Medal for meritorious service during September 1969 to September 1970.

6.  He was released from active duty on 11 September 1970 in the rank/pay grade of SSG/E-6.  He completed 1 year, 11 months, and 16 days of total active service with no lost time.  His service records do not contain a commander's disqualification for the first award of the Army Good Conduct Medal.

7.  His DD Form 214 shows award of the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, two overseas service bars, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), First Class Gunner Badge with Rifle Bar (M-14), and Combat Infantryman Badge.

8.  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.

9.  Department of the Army Pamphlet 672-3 shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March to 9 October 1971 by Department of the Army General Order Number 6, dated 1974.

10.  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.  An oak leaf cluster is authorized for wear for each additional award of the Army Commendation Medal.

11.  Army Regulation 600-8-22, paragraph 2-13, contains 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 Vietnam Summer - Fall 1969, Vietnam Winter - Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII campaigns.  

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.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Bronze Star Medal for meritorious service September 1969 to September 1970.  Therefore, this award should be added to his DD Form 214.

2.  General orders also show he was awarded the Army Commendation Medal for meritorious service during the period September 1969 to September 1970.  His service record is void of evidence which shows he was awarded a second award of the Army Commendation Medal.  Therefore, his DD Form 214 should be amended to reflect only one award of the Army Commendation Medal.

3.  The applicant's service record does not show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 26 September 1968 through 11 September 1970.  He was promoted to SSG/E-6 and he received all "excellent" conduct and efficiency ratings throughout his service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 26 September 1968 through 11 September 1970 and his DD Form 214 should be corrected to show this award.

4.  The applicant participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  The applicant's unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

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 26 September 1968 through 11 September 1970;

	b.  deleting the Vietnam Service Medal from his DD Form 214; and
	c.  adding award of the Bronze Star Medal, Army Commendation Medal, Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

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 correction of his DD Form 214 to show a second 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)                                         AR20140007603





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ABCMR Record of Proceedings (cont)                                         AR20140007603



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