IN THE CASE OF:	

		BOARD DATE:	 21 May 2015 

		DOCKET NUMBER:  AR20140017728


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 Bronze Star Medal, Army Commendation Medal, and all other awards or decorations he is entitled to receive.

2.  The applicant states he received the Bronze Star Medal on 3 February 1970.  He provided a copy of the certificate as evidence; however, his social security number is incorrectly typed on the certificate.  He believes he was awarded the Army Commendation Medal; however, he cannot find the documentation.  He hopes the documentation is contained in his official military personnel file.  

3.  The applicant provides copies of his DD Form 214 and Bronze Star Medal Certificate, dated 3 February 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.  The applicant was inducted into the Army of the United States on 18 March 1968.  He completed initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained during his period of active military service was sergeant/E-5. 

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

	a.  Item 31 (Foreign Service) he served in the Republic of Vietnam from on or about 22 May 1969 through 8 March 1970.

	b.  Item 38 (Record of Assignments) he was assigned to Company A, 1st Battalion (Airmobile), 506th Infantry Regiment, 101st Airborne Division during his service in the Republic of Vietnam.  Additionally, item 38 shows he received all "excellent" conduct and efficiency ratings throughout his entire period of military service.  

	c.  Item 41 (Awards and Decorations) he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Air Medal, 2 overseas service bars, and a Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  General Orders Number 1045, issued by Headquarters, 101st Airborne Division (Airmobile) on 3 February 1970, awarded him the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force, during the period 1 April 1969 through 31 January 1970.

5.  He was honorably released from active duty on 9 March 1970 and transferred to the U.S. Army Reserve for the remainder of his service obligation.  His DD Form 214 shows he completed 1 year, 11 months, and 22 days of net service during this period, including 9 months and 17 days of foreign service in the U.S. Army Pacific Theater of Operations.  His DD Form 214 does not show he was awarded the Bronze Star Medal or the Army Commendation Medal.

6.  His record is void of orders of other documentation that show he was awarded the Army Commendation Medal.

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 U.S. Army Human Resources Command, failed to reveal any orders that show he was awarded the Army Commendation Medal.
8.  There is no documentation in his record that shows he was awarded the Army Good Conduct Medal; however, neither is there a commander's disqualification statement related to his initial award of the Army Good Conduct Medal, or documentation that shows he was subject to any disciplinary or derogatory actions during his period of service, including court-martial convictions under the UCMJ.  

9.  The applicant provides a Bronze Star Medal Certificate, dated 3 February 1970, which shows he was cited for award of the Bronze Star Medal for meritorious achievement in ground operations against hostile forces in the Republic of Vietnam during the period 1 April 1969 through 31 January 1970.  

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  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 (emphasis added).

	b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 3 July 1965 through 28 March 1973.  A bronze service star will be authorized for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following three campaigns:

* Tet 69 Counteroffensive, 1969  (23 February 1969 – 8 June 1969)
* Vietnam Summer – Fall 1969  (9 June 1969 – 31 October 1969)
* Vietnam Winter – Spring 1970  (1 November 1969 – 30 April 1970)

11.  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 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, and he or she could not have been convicted by court-martial under the UCMJ.

12.  Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam.  This DA PAM shows Company A, 1st Battalion (Airmobile), 506th Infantry Regiment, 101st Airborne Division, the unit to which the applicant was assigned from on or about 10 June 1969 through 
8 March 1970, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 8 February 1962 through 28 March 1973, by Department of the Army General Orders (DAGO) Number 8, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 3 October 1968 through 2 May 1970, by DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show he was awarded the Bronze Star Medal and the Army Commendation Medal, as well as any other awards or decorations to which he is entitled was carefully considered.

2.  General orders awarded him the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force, during the period        1 April 1969 through 31 January 1970.  This medal is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.

3.  The applicant served honorably on active duty from 18 March 1968 through   9 March 1970, a period of 1 year, 11 months, and 22 days.  During this period, he received all "excellent" conduct and efficiency ratings and there is no evidence of a commander's disqualification statement related to his initial award of the Army Good Conduct Medal, or evidence that he was subject to any disciplinary or derogatory actions during his period of service, including court-martial convictions under the UCMJ.  

4.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award), for the period 18 March 1968 through 9 March 1970, and to correct his DD Form 214 to show this award.
5.  His record shows he participated in three campaigns during his service in the Republic of Vietnam; therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars to be affixed to his previously-authorized Vietnam Service Medal.

6.  General orders awarded his unit the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

7.  The applicant contends he was awarded the Army Commendation Medal and he contends his DD Form 214 should be corrected to reflect this award.  Army Regulation 600-8-22 states formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, including the Army Commendation Medal.

8.  His record is void of orders that show he was awarded the Army Commendation Medal by proper authority.  His sincerity is not in question; however, in the absence of official orders, there is not a sufficient basis to grant this portion of the request relief.

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 
18 March 1968 through 9 March 1970; and

	b.  amending his DD Form 214 by deleting the Vietnam Service Medal and adding the:

* Bronze Star Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board further determined 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 correcting his DD Form 214 to show he was awarded 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20140017728



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