IN THE CASE OF:	  

		BOARD DATE:	  18 June 2015

		DOCKET NUMBER:  AR20140017565 


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 he was awarded the Army Commendation Medal (2nd Award).

2.  The applicant states he was awarded the Army Commendation Medal twice in Vietnam; however, these awards are not listed on his DD Form 214.

3.  The applicant provides his DD Form 214 and three Army Commendation Medal Citations for the periods 1 February to 31 May 1970, 1 June to 
30 September 1970, and January to December 1970.

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 11 July 1969, the applicant enlisted in the Regular Army, he was awarded military occupational specialty 67V (OH-58 Helicopter Repairman), and he attained the rank/grade of specialist five (SP5)/E-5.

3.  His DA Form 20 (Enlisted Qualification Brief) shows he served in Vietnam from 11 January to 4 December 1970, where he was assigned to Company E, 723rd Maintenance Battalion, from 23 January to 3 December 1970.

4.  General Orders (GO) Number 8038, issued by Headquarters, Americal Division, on 5 July 1970, awarded him the Army Commendation Medal for meritorious achievement during the period 1 February to 31 May 1970.

5.  Special Orders (SO) Number 129, issued by Headquarters, Fort Monroe, Fort Monroe, VA, on 30 June 1971, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  SO Number 133, issued by Headquarters, Fort Monroe, Fort Monroe, VA on 
7 July 1971, awarded him the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

7.  He was honorably released from active duty on 19 January 1972.  His
DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal with one bronze service star, and the Republic of Vietnam Campaign Medal with Device (1960).

8.  He provided three Army Commendation Medal Citations for the periods          1 February to 31 May 1970, 1 June to 30 September 1970, and January to December 1970.  The official orders were not submitted with the citations.

9.  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 and maintained by the U.S. Army Human Resources Command (HRC), revealed only one set of orders that awarded him the Army Commendation Medal and it was for the period 1 February to 31 May 1970. 

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.
11.  A review of his service records shows he had "excellent" conduct and efficiency ratings, no derogatory information in the form of time lost, nonjudicial punishment, suspension of favorable personnel actions, or a commander's disqualification that would have precluded him from being recommended for and awarded the first award of the Army Good Conduct Medal for the period 
11 July 1969 to 19 January 1972.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

13.  Army Regulation 600-8-22, paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and 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 following three campaigns:

* Vietnam Winter – Spring 1970  (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive  (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive, Phase VII  (1 July 1970—30 June 1971)

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows Company E, 723d Maintenance Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 24 August through 31 December 1969 and 31 March through 30 June 1970, by Department of the Army General Orders Number 42, dated 1972.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, where a single unit received duplicate Vietnamese unit awards during the same period of time only one award will be recorded in official military and historical records.




DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show he was awarded the Army Commendation Medal (2nd Award) was carefully considered.

2.  GO awarded him the Army Commendation Medal for meritorious achievement during the period 1 February to 31 May 1970.  This award is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.

3.  He provided 3 Army Commendation Medal Citations in support of his contention that he was awarded the Army Commendation Medal on more than one occasion.  However, the citations he provided do not contain official order numbers; therefore, by themselves, they are insufficient to confirm a second or third award of the Army Commendation Medal.  

4.  The governing Army regulation states that for personal decorations (including the Army Commendation Medal), formal recommendation, approval through the chain of command, and announcement in orders are required.  In the absence of evidence showing orders were published, there is insufficient evidence to correct his DD Form 214 to show additional awards of the Army Commendation Medal.

5.  He served honorably during the period 11 July 1969 to 19 January 1972.  There is no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, there are no entries in his record to indicate that his commander denied him this award and he received "excellent" conduct and efficiency ratings.  It appears he met the criteria for this award.  Therefore, he is entitled to award of the Army Good Conduct Medal 
1st Award) and correction of his DD Form 214 to show this award.

6.  SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Pistol Bar 
(.45 Caliber).  These marksmanship badges are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.  

7.  He participated in three campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show two additional bronze service stars to be affixed to his previously-awarded Vietnam Service Medal with one bronze service star.

8.  GO awarded his unit in Vietnam the two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  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 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
11 July 1969 to 19 January 1972; and

	b.  amending his DD Form 214 by deleting the Vietnam Service Medal with one bronze service star and adding the:

* Army Commendation Medal 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars 
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar          (.45 Caliber)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation           (2nd Award)








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 a second or subsequent 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)                                         AR20140017565



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ABCMR Record of Proceedings (cont)                                         AR20140017565



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