IN THE CASE OF:  	  

		BOARD DATE:  26 February 2015	  

		DOCKET NUMBER:  AR20140011745 


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, in effect, 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 and any other awards he may be entitled to receive.

2.  The applicant states he has a citation with a raised seal; however, he was not issued the medal and the award was never recorded in his records.  He further states his citation was issued with the wrong social security number.  On           28 January 2014, his DD Form 214 was corrected to include additional medals and administrative corrections. 

3.  The applicant provides:

* a letter from a Member of Congress
* Army Commendation Medal Citation
* a Letter of Appreciation
* Constituent Fact Sheet
* DD Form 214
* DD Form 215 (Correction to 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 enlisted in the Regular Army on 9 January 1969.  Evidence further shows he served in the Republic of Vietnam from 6 April 1970 to 5 April 1971 with the 284th Military Police Company.

3.  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 Army Good Conduct Medal.

4.  On 13 October 1971, he was honorably released early from active duty due to seasonal employment 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
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal 

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Army Commendation Medal and there are no orders in his official military records authorizing him award of this medal.

6.  He submitted a citation which shows he was awarded the Army Commendation Medal for exceptionally meritorious service in support of military operations against communist aggression in the Republic of Vietnam during the period April 1970 to April 1971.  He did not submit the official orders awarding him the medal.  In addition, he submits a letter of appreciation, dated 16 October 1970.

7.  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.
8.  On 28 January 2014, the applicant's DD Form 214 was corrected to show his correct place of birth and that he was awarded or authorized the:

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Automatic Rifle Bar
* Expert Marksmanship Qualification Badge with Pistol Bar

9.  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.

10.  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.

11.  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 the 284th Military Police Company his unit was cited for award of a Meritorious Unit Commendation for the period 1 November 1968 to 1 April 1971, by Department of the Army General Order Number 6, dated 1974.

12.  Army Regulation 635-5 (Separation Documents), then in effect, established the policies and procedures for the preparation and issuance of separation documents, including the DD Form 214.  It states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.



DISCUSSION AND CONCLUSIONS:

1.  The citation he submitted which shows award of the Army Commendation Medal is noted; however, it is insufficient to grant him the requested relief without official orders.  The governing 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).  The applicant's sincerity is not in question.  However, in the absence of official orders, there is insufficient evidence to correct his DD Form 214 to show award of the Army Commendation Medal.

2.  The evidence of record confirms he served honorably during the period 9 January 1969 through 13 October 1971.  The available evidence also 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 9 January 1969 through 13 October 1971 and to correct his DD Form 214 to show this medal.

3.  During the period in which the applicant was assigned to the 284th Military Police Company, the unit was cited for award of a Meritorious Unit Commendation.  Therefore, he is entitled to correction of his record to show this award. 

4.  There are no regulatory provisions for adding a letter of appreciation to the 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 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
9 January 1969 through 13 October 1971; and
   
   b.  adding the following awards to his DD Form 214:

* Army Good Conduct Medal (1st Award)
* Meritorious Unit Commendation

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 and entering a letter of appreciation on 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)                                         AR20140011745



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ABCMR Record of Proceedings (cont)                                         AR20140011745



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