ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 December 2020 DOCKET NUMBER: AR20200003664 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the * Bronze Star Medal * Army Commendation Medal with First Oak Leaf Cluster APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record), dated 27 January 2020. FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. Sufficient evidence is contained in the applicant's records to administratively correct his DD Form 214 to show award of the Bronze Star Medal and Army Good Conduct Medal (1st Award) without Board action. 3. The applicant states he was awarded the Bronze Star Medal and Army Commendation Medal with First Oak Leaf Cluster. He received both medals and accompanying certificates, but neither award was listed on his DD Form 214. The error probably occurred due to his deployment to Vietnam. 4. He was inducted into the Army of the United States on 1 August 1968. 5. He served in Vietnam during the period of 10 June 1969 to 4 March 1970 and he participated in two campaigns while assigned to Battery B, 1st Battalion, 7th Artillery, 1st Infantry Division. 6. His DA Form 20 (Enlisted Qualification Record) shows in item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Army Good Conduct Medal * two overseas service ribbons * Expert Marksmanship Qualification Badge with Rifle Bar 7. Headquarters, 1st Infantry Division, General Orders Number 2286, dated 16 February 1970, awarded him the Army Good Conduct Medal (1st Award). 8. Headquarters, 1st Infantry Division, General Orders Number 3064, dated 27 February 1970, awarded him the Bronze Star Medal. 9. On 4 March 1970, he was honorably released from active duty. His DD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Army Good Conduct Medal 10. A review of the Awards and Decorations Computers-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 United States Army Human Resource Command, failed to reveal orders for award of the Army Commendation Medal with First Oak Leaf Cluster pertaining to the applicant. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicants request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his military service record and regulatory guidance. The Board determined the applicant’s record is absent sufficient evidence showing any entitlement or award of the Army Commendation Medal with First Oak Leaf Cluster. The Board concluded there was insufficient evidence of an error or injustice which would warrant award of the ARCOM with first Oak Leaf Cluster. Therefore, relief is denied. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the correction addressed in Administrative Note(s) below, the Board found the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s records shows he is authorized additional awards not annotated on his DD Form 214 for the period ending 4 March 1970. As a result, amend his DD Form 214 by: a. deleting the Vietnam Service Medal and b. adding the following awards: * Bronze Star Medal, Headquarters, 1st Infantry Division, General Orders Number 3064, dated 27 February 1970 * Army Good Conduct Medal (1st Award), Headquarters, 1st Infantry Division, General Orders Number 2286, dated 16 February 1970 * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation, DAGO Number 2, dated 12 January 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, DAGO Number 53, dated 22 October 1970 REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) provides 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. b. A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. 3. Army Regulation 672-1 (Decorations and Awards), in effect at the time, governed the military awards program in Vietnam during the Vietnam War. a. The Bronze Star Medal may have been awarded for heroism or for meritorious achievement or service which did not involve aerial flight but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations. The approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades. However, the records of the Awards Branch of the U.S. Army Human Resources Command show that authority for award of the Bronze Star Medal for service had been delegated to colonels in command of the U.S. Army Support Commands located at Saigon, Cam Ranh Bay, and Qui Nhon and in command of separate engineer brigades in Vietnam assigned to the U.S. Army Engineer Troops (Provisional). b. 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. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. 3. DAGO Number 53, dated 22 October 1970, announced award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to 1st Battalion, 7th Artillery during the period 12 July 1965 to 7 April 1970. 4. DAGO Number 2, dated 12 January 1971, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to 1st Battalion, 7th Artillery during the period 15 September 1969 to February 1970. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200003664 4 1