IN THE CASE OF:  	  

		BOARD DATE:  3 September 2015	  

		DOCKET NUMBER:  AR20150000976 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal and the Expert Marksmanship Qualification Badge with 106 Recoilless Rifle Bar.  He also requests correction of his DD Form 214 to show he graduated from the Military Assistance Command Vietnam (MACV) Recondo School in Nha Trang, Vietnam.

2.  The applicant states he received these awards during active duty service.

3.  The applicant indicated he provided documentation; however, there were no documents attached to his application.

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 enlisted in the Regular Army on 4 January 1966.  He completed basic and advanced individual training and was awarded military occupational specialty 11H (Infantry Indirect Fire Crewman).  

3.  His service record contains Headquarters, 3rd Training Brigade (Infantry) U.S. Army Training Center, Fort Gordon, GA, Special Orders Number 67, dated 11 May 1966, which show award of the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 29 (Qualification in Arms) he qualified as Expert with the Recoilless Rifle on 4 May 1966 and Sharpshooter with the M-14 Rifle on 21 February 1966.

	b.  item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 28 July 1966 to 5 May 1967.

	c.  item 33 (Appointments and Reductions) he was promoted to specialist four (SP4)/E-4 on 11 April 1967.

	d.  item 38 (Record of Assignments) he was assigned to Headquarters, and Headquarters Company, 2nd Battalion, 327th Infantry Regiment, 101st Airborne Division in the RVN from 5 August 1966 to on or about 12 March 1967.

   e.  item 38 he received "excellent" conduct and efficiency ratings and one rating of "unknown" while he was in a patient status in the 7th Field Hospital.

   f.  item 40 (Wounds) he sustained a gunshot wound to his abdomen on 25 February 1967.
   
   g.  item 41 (Awards and Decorations) he was awarded the Parachutist Badge, Vietnam Service Medal, National Defense Service Medal, Combat Infantryman Badge, RVN Campaign Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

5.  His service record does not include orders that show he was awarded the Army Commendation Medal or any documentation which shows he completed training at the MACV Recondo School in Nha Trang, Vietnam.  

6.  General Orders Number 9, dated 24 March 1967, published by Headquarters, 7th Field Hospital show he was awarded the Purple Heart for wounds received in action on 1 February 1967 and the Purple Heart (First Oak Leaf Cluster) for wounds received in action on 25 February 1967.
7.  He was honorably released from active duty on 17 December 1968 in the rank of SP4.  He completed 2 years, 11 months, and 14 days of total active service with no lost time.  

8.  His service record does not contain a commander's disqualification for the first award of the Army Good Conduct Medal.

9.  His DD Form 214 shows he was awarded or authorized the Parachutist Badge, Vietnam Service Medal, RVN Campaign Medal with Device (1960), National Defense Service Medal, Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

10.  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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Army Commendation Medal pertaining to the applicant.

11.  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 the unit to which the applicant was assigned was cited for award of the:

   a.  Meritorious Unit Commendation for the period 29 July 1965 to 1 October 1966 by Department of General Order (DAGO) Number 1, dated 1969 (amended DAGO Number 17, dated 1968).
   
   b.  RVN Gallantry Cross with Palm Unit Citation for the period 9 December 1966 to 18 January 1967 by DAGO 21, dated 1969.

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 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, he participated in the Vietnam Counteroffensive Phase II campaign.

14.  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.

15.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

16.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he received the Army Commendation Medal.  However, the evidence of record does not include sufficient evidence and he has not provided any evidence to verify he was awarded the Army Commendation Medal.  Therefore, there is insufficient evidence on which to base correction of his records to show award of the Army Commendation Medal.  
2.  While the available evidence is insufficient for awarding the applicant an Army Commendation Medal, this in no way affects his right to pursue his claim for the Army Commendation Medal by submitting a request through his Member of Congress under the provisions of 10 USC 1130.

3.  Special orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar.  Therefore, this badge should be added to his DD Form 214.

4.  The applicant's service record is void of evidence which shows he completed training at the MACV Recondo School in Nha Trang, Vietnam.  Therefore, there is insufficient evidence to correct his DD Form 214 to show he completed training at this specific school.  

5.  General orders show the applicant was awarded the Purple Heart for wounds received in action on 1 February 1967 and a second award of the Purple Heart for wounds received in action on 25 February 1967.  Therefore, the Purple Heart (First Oak Leaf Cluster) should be added to his DD Form 214.  

6.  The applicant's unit in Vietnam was cited for award of the Meritorious Unit Citation and the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these awards.

7.  He participated in one campaign during his service in Vietnam.  Therefore, he is authorized one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show the appropriate service star.

8.  The applicant's service record does not show he was disqualified from receiving the first award of the Army Good Conduct Medal for the period 4 January 1966 through 17 December 1968.  He was promoted to SP4/E-4 and he received conduct and efficiency ratings of "excellent."  Although he received one rating of "unknown," this is not a disqualifying factor.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 4 January 1966 through 17 December 1968 and his DD Form 214 should be corrected to show this award.

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 4 January 1966 through 17 December 1968;
   
   b.  deleting the Vietnam Service Medal from his DD Form 214; and
   
   c.  amending his DD Form 214 by adding award of the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar, Purple Heart (First Oak Leaf Cluster), Meritorious Unit Citation, RVN Gallantry Cross with Palm Unit Citation, Vietnam Service Medal with one bronze service star, and Army Good Conduct Medal (1st 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 correction of his DD Form 214 to show award of the Army Commendation Medal and completion of the MACV Recondo School in Nha Trang, Vietnam.  



      _______ _   _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)                                         AR20150000976



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ABCMR Record of Proceedings (cont)                                         AR20150000976



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