BOARD DATE:	  18 June 2015

		DOCKET NUMBER:  AR20140016345 


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 that his award of the Army Commendation Medal be included on his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states the above award is not listed on his DD Form 214.

3.  The applicant provides copies of an authorization letter and award recommendation form.

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 served on active duty from 24 April 1970 through 17 December 1971. 

3.  At the time of the applicant's departure from Vietnam, his unit commander prepared a letter, dated 3 October 1974, for inclusion in his personnel file noting his recommendation for the Army Commendation Medal.  He stated the applicant had assumed the duties of three different clerical positions in three different sections as well as having volunteered to perform duties on a Gun Truck, manning the M-60 and 50-caliber machine gun, escorting convoys through dangerous enemy territory.  The applicant had come under fire and proven himself in combat.  His devotion to duty, aggressiveness, initiative, and inspired leadership had made him an exemplary Soldier and reflected great credit upon himself, the unit, and the Army.

4.  A 15 October 1971 USAECV Form 55 (Recommendation for Decoration for Valor or Merit) shows the applicant was recommended for award of the Army Commendation Medal for meritorious service for the period 16 October 1970 through 15 October 1971.  The citation is on the back and the commander's signature is on the document, but the final approval block is not completed.

5.  The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishment, or court-martials that would suggest he was considered not eligible for award of the Good Conduct Medal.

6.  His DA Form 20 (Enlisted Qualification Record) shows –

* advancement to specialist four on 24 February 1971
* service in Vietnam during one campaign period 
* service in Vietnam from 16 October 1970 through 14 October 1971
* service in Vietnam with 584th Engineer Company
* conduct and efficiency ratings of excellent
* National Defense Service Medal
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  His DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that while the applicant was assigned to the 584th Engineer Company, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  
9.  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, 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.  

10.  Army Regulation 600-8-22 (Military Awards) provides the following:

   a.  If the Secretary of the Army determines that a statement setting forth the distinguished act, achievement, or service, and a recommendation for official recognition was made and supported by sufficient evidence within 2 years after the distinguished service, and that no award was made because the statement was lost, or through inadvertence the recommendation was not acted upon; he or she may award any appropriate military decoration, Numeral, or Oak Leaf Cluster in lieu thereof, to the person concerned.
   
   b.  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.
   
   c.  A bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam he participated during the following two campaign periods: the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971; and the Consolidation I, 1 July 1971 - 30 November 1971.

DISCUSSION AND CONCLUSIONS:

1.  While serving in Vietnam, the applicant is shown to have taken on the duties of three different clerical positions as well as volunteering for escort duty on dangerous convey runs.  He was praised for his dedication and untiring efforts and was recommended for an Army Commendation Medal.  

2.  A recommendation for the Army Commendation Medal was initiated, but it appears the award recommendation was lost and/or never finalized. 

3.  Based on the citation in both the commander's letter and the award recommendation, there is sufficient evidence to support award of the Army Commendation Medal.  Therefore, it would be appropriate to award the applicant the Army Commendation Medal and include it on his DD Form 214.  

4.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his service in Vietnam, his conduct and efficiency ratings, his personal decorations, and his advancement to pay grade E-4.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 24 April 1970 through 17 December 1971.

5.  The applicant served in Vietnam during two campaign periods and is authorized to wear two bronze service stars on his already-awarded Vietnam Service Medal.  It would be appropriate to correct his DD Form 214 to show these bronze service stars.

6.  The following awards are authorized awards that are not listed on his 
DD Form 214:  The Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  It would be appropriate to include these awards on his DD Form 214.

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. deleting the Vietnam Service Medal from the DD Form 214;

	b.  awarding the applicant the Army Commendation Medal and Army Good Conduct Medal; and

	c.  adding the following awards to his DD Form 214:

* Army Commendation Medal 
* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)




      _______ _   _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)                                         AR20140016345



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ABCMR Record of Proceedings (cont)                                         AR20140016345



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