BOARD DATE:	  26 May 2015

		DOCKET NUMBER:  AR20140019111 


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 add the Bronze Star Medal, the Army Commendation Medal (1st and 2nd Awards), a Certificate of Achievement, and any other awards to which he may be entitled.

2.  The applicant states, in effect, his DD Form 214 is incomplete because it does not list all of his awards.

3.  The applicant provides a Bronze Star Medal Certificate, two Army Commendation Medal Certificates, and a Certificate of Achievement.

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 15 July 1969, he held military occupational specialty 13A (Field Artillery), and he attained the rank/grade of specialist four (SP4)/E-4.

3.  Special Orders (SO) Number 253, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Bragg, NC, on 9 September 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  SO Number 252, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Bragg, NC, on 9 September 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 16 December 1969 to 18 November 1970, where he was assigned to Headquarters and Headquarters Battery, 6th Battalion, 11th Artillery Regiment, Americal Division, from 30 December 1969 to 14 November 1970.

6.  General Orders (GO) Number 14841, issued by Headquarters, Americal Division, on 12 November 1970 awarded him the Bronze Star Medal for service from December 1969 to November 1970.

7.  He was honorably released from active duty on 14 July 1971.  His DD Form 214 shows he completed 2 years of net active service, of which 11 months and 13 days was credited as foreign service.  Additionally, he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* two overseas service bars

8.  He provided a Bronze Star Medal Certificate, dated 15 November 1970, which announced his award of the Bronze Star Medal for meritorious achievement from December 1969 to November 1970.

9.  He provided an Army Commendation Medal Certificate, dated 31 August 1970, which announced his award of the Army Commendation Medal (1st Award) for meritorious achievement from 1 January 1970 to 30 April 1970.

10.  He provided an Army Commendation Medal Certificate, dated 5 September 1970, which announced his award of the Army Commendation Medal (2nd Award) for meritorious achievement from 1 May 1970 to 31 August 1970.
11.  His record does not contain orders for the Army Commendation Medal (1st or 2nd Awards).  Additionally, a review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) 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.

12.  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.

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 four campaigns:

* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969)
* TET 69 Counteroffensive (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)

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 6th Battalion, 11th Artillery Regiment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August 1969 to 31 December 1969 and 31 March 1970 to 30 June 1970 by Department of the Army General Orders (DAGO) Number 42, dated 1972.

15.  Department of the Army Pamphlet 672-3 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.

16.  A review of his service records shows he had "excellent" conduct and efficiency ratings and 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 or awarded the Army Good Conduct Medal (1st Award) for the period 15 July 1969 through 14 July 1970.

17.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to add the Bronze Star Medal, the Army Commendation Medal (1st and 2nd Awards), a Certificate of Achievement, and any other awards to which he may be entitled has been carefully considered.

2.  GO awarded him the Bronze Star Medal.  This medal is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to add it.

3.  He served honorably during the period 15 July 1969 through 14 July 1971.  He received "excellent" conduct and efficiency ratings during this entire period; there is no derogatory information in the form of court-martial convictions that would have disqualified him from being awarded the initial award of the Army Good Conduct Medal.  Additionally, there are no entries in his record that indicate his commander sought to deny him this award.  It appears he met the criteria for this award; therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show it.

4.  He participated in four campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show 4 bronze service stars affixed to his previously-authorized Vietnam Service Medal.

5.  GO awarded his unit in Vietnam two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service.  These unit awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.  
6.  SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  This marksmanship badge is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show it.  

7.  He provided two Army Commendation Medal Certificates.  Unfortunately, these certificates alone are not sufficient to justify correcting his DD Form 214 by adding the Army Commendation Medal (1st and 2nd Awards).  All personal awards, to include the Army Commendation Medal, require formal recommendations, approval through the chain of command, and announcement in orders.  His record does not include orders awarding him the Army Commendation Medal (1st and 2nd Awards).  As such, there is insufficient evidence to justify adding these awards to his DD Form 214 at this time.

8.  Commanders may recognize acts, achievements, or periods of faithful service or special acts which do not meet the standards required for decorations by issuing a DA Form 2442 (Certificate of Achievement) or a certificate of achievement or commendation of local design.  Although copies of certificates of achievement or commendation will be filed in the official military personnel file, there is no distinguishing device authorized for wear to indicate the receipt of a certificate of achievement or commendation and there is no provision to list such certificates on 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 
15 July 1969 through 14 July 1971; and


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

* Bronze Star Medal
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

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 amending his DD Form 214 by adding the Army Commendation Medal (1st and 2nd Awards) and a Certificate of Achievement.



      _________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)                                         AR20140019111





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ABCMR Record of Proceedings (cont)                                         AR20140019111



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