IN THE CASE OF:	  

		BOARD DATE:	  9 June 2015

		DOCKET NUMBER:  AR20140018894 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), for the period ending 19 February 1971, be corrected to show the award of the Army Commendation Medal.

2.  The applicant states, in effect, he was awarded the Army Commendation Medal for his service in Vietnam.  It was never added to his DD Form 214 because he received it later in the mail.  He carried the certificate in his wallet for a long time.  He felt angry at the time, but now would like to fix his DD Form 214.

3.  The applicant provides a DD Form 214 and the citation for an Army Commendation Medal.

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 12 February 1968.  He was honorably discharged on 19 February 1968 and immediately enlisted in the Regular Army on 20 February 1968.  After completing initial training, he was awarded military occupational specialty (MOS) 45G (Turret Artillery Repairman).  He later changed his MOS to 45K (Armament Repairman).

3.  He served in Vietnam from 29 August 1968 to 28 August 1969.  He was assigned to Company B, 1st Battalion, 77th Armor Regiment.

4.  On 19 February 1971, he was honorably released from active duty.  His DD Form 214 shows 3 years and 8 days of total active service.  He was awarded or authorized:

* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart (2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  His DA Form 20 (Enlisted Qualification Record), item 38 (Record of Assignments), sub-items listed as Conduct and Efficiency, reflects ratings of “excellent” throughout his period of service.  Item 41 does not show the award of the Army Commendation Medal.

6.  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 for the Army Commendation Medal.

7.  His record contains a recommendation for the award of the Army Commendation Medal, but no orders.  Additionally, there is no derogatory information in his record for this term of service.

8.  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.

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 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.  

10.  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 also shows all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  A thorough review of available records was unable to confirm the applicant was awarded an Army Commendation Medal.  

2.  Award of the Army Commendation Medal requires a formal recommendation, approval through the chain of command, and announcement in orders.  

	a.  The applicant provides an award citation showing the award of the Army Commendation Medal for the period 29 August 1968 to 28 January 1969.

	b.  His records contain an approved award recommendation for the Army Commendation Medal for the same period shown on the applicant's citation.

	c.  While there are no orders confirming the award, the combination of the award citation and the approved award recommendation provides sufficient evidence he was granted the award.  As such, his DD Form 214 should be corrected to show the award of the Army Commendation Medal.

3.  A review of the applicant's record reveals he appears to meet the criteria for the award of the Army Good Conduct Medal.  His DA Form 20 reflects his conduct and efficiency as “excellent.”  He received the Purple Heart twice and the evidence shows he received the Army Commendation Medal for meritorious achievement.  Additionally, no derogatory information was found in his available record.  Given the foregoing, it would be appropriate to award the applicant the Army Good Conduct Medal based upon his honorable service during the period 12 February 1968 to 11 February 1971 and amend his DD Form 214 to show this award.
4.  All units serving in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This award should also be added to 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.  Awarding the applicant the Army Good Conduct Medal (1st Award) for the period 12 February 1968 to 11 February 1971.

	b.  Adding the following awards to his DD Form 214 for the period ending 
19 February 1971:

* Army Commendation Medal
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation




      _______ _   __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)                                         AR20140018894





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ABCMR Record of Proceedings (cont)                                         AR20140018894



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