RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 January 2008 DOCKET NUMBER: AR20070013033 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. x The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that the Army Commendation Medal he was awarded be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge. 2. The applicant states, in effect, that he was awarded the Army Commendation Medal; however, it does not appear on his DD Form 214. 3. In support of his request, the applicant provides a copy of his DD Form 214 and a copy of the awards certificate for the Army Commendation Medal he received. 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’s records show that he was inducted into the Army of the United States on 27 January 1966. He completed basic combat training at Fort Jackson, South Carolina, and his advanced individual training at Fort Sill, Oklahoma. After completing all required training, he was awarded the military occupational specialty (MOS), 13A (Field Artillery Basic). 3. The applicant served in Vietnam from 3 August 1966 through 29 July 1967, with Battery A, 3d Battalion, 319th Field Artillery. 4. The applicant was honorably released from active duty, on 26 January 1968, under the provisions of Army Regulation (AR) 635-200, at the expiration of his term of service. He was separated in the rank and pay grade of Private First Class, E-3. On the date he was released from active duty, he had completed 2 years active military service. 5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded: the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Parachutist Badge. The Army Commendation Medal is not shown on the applicant's DD Form 214. 6. There is no entry in Item 41 (Awards and Decorations), of the DA Form 20, Enlisted Qualification Record, showing the applicant was awarded the Army Commendation Medal; however, orders in the applicant's military personnel records show he was awarded two Army Commendation Medals. The applicant was awarded the Army Commendation Medal, for meritorious achievement for the period 10 March 1967 to 11 March 1967, by General Orders Number 3129, published by Headquarters, 1st Infantry Division, on 11 May 1967. He was also awarded a second Army Commendation Medal, in effect, the Army Commendation Medal, with oak leaf cluster, for meritorious achievement for the period 1 June 1967 to 24 June 1967, by General Orders Number 1182, published by Headquarters, 1st Infantry Division, on 5 August 1967. These Army Commendation Medals are not shown on the applicant's DD Form 214. 7. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which the applicant is entitled for his campaign participation. 8. While in Vietnam, the applicant participated in three campaigns of the Vietnam War: the Vietnam Counteroffensive, which extended from 25 December 1965 through 30 June 1966; the Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967; and the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968. 9. Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to was awarded the Meritorious Unit Commendation, for the period 5 May 1965 through 4 May 1967, by Department of the Army General Order (DAGO) Number 48, dated 1968; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 5 May 1965 through 26 September 1970, by DAGO 43, dated 1972. These unit awards are not shown on the applicant's DD Form 214. 10. The applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar [M-14 Rifle] in Special Orders Number 53, Paragraph 13, published by Headquarters, 2d Training Brigade, Fort Jackson, South Carolina, on 18 March 1966. This marksmanship qualification badge is not shown on his DD Form 214. 11. AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal. 12. The applicant had "excellent" conduct and efficiency ratings throughout his time in the Army. There is no evidence of indiscipline or a breach of good order while he served on active duty. There is no record that he was subjected to either nonjudicial punishment or to court-martial. There is no entry in Item 42 (Remarks), of the applicant's DA Form 20, Enlisted Qualification Record, to indicate that he was disqualified from award of the Good Conduct Medal. 13. AR 672-5-1, in effect at the time of the applicant's separation provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. To be eligible for award of the Good Conduct Medal, Soldiers must meet all of the following criteria: all conduct (character) and efficiency ratings must be recorded as "Excellent" except that ratings of "Unknown" for portions of the period under consideration are not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying. 14. AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards. This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited. 15. AR 670-1, in effect at the time, governed the requirements for the overseas service bar. In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. One overseas service bar is authorized for each six-month period served in the Republic of Vietnam. To calculate the entitlement, both the month of arrival and month of departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone. 16. Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal. DISCUSSION AND CONCLUSIONS: 1. The evidence shows the applicant was awarded two Army Commendation Medals, in effect, the Army Commendation Medal, with oak leaf cluster. This award is not shown on his DD Form 214. He is therefore entitled to have this award added to his DD Form 214. 2. The applicant consistently had "Excellent" conduct and efficiency ratings throughout his active duty service. While in Vietnam, he was awarded two Army Commendation Medals and the Purple Heart. There is no record of lost time in his service personnel records and there is no indication his commanders took action to deny him the Good Conduct Medal. Based on this excellent record of service, he is entitled to award of the Good Conduct Medal for the period 27 January 1966 through 26 January 1968 and to have this award added to his DD Form 214. 3. The applicant participated in three campaigns during his tour of duty in Vietnam. He is therefore entitled to award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have them shown on his DD Form 214. 4. The applicant served in a unit which was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, while he was a member of the unit. He is therefore entitled to these unit awards and to have them added to his DD Form 214. 5. The applicant was awarded the Marksman Marksmanship Qualification Badge, with Rifle Bar. This marksmanship qualification badge is not shown on his DD Form 214. He is entitled to have this marksmanship qualification badge 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. adding the two already-awarded Army Commendation Medals, in effect, the Army Commendation Medal, with oak leaf cluster, and the already-awarded Marksman Marksmanship Qualification Badge, with Rifle Bar, to the applicant's DD Form 214; b. awarding the applicant the Good Conduct Medal for the period 27 January 1966 through 26 January 1968 and adding this award to his DD Form 214; c. awarding the applicant three bronze service stars to be affixed to his Vietnam Service Medal, to denote his participation in three campaigns while he served in Vietnam, and to be shown on his DD Form 214 as the Vietnam Service Medal, with three bronze service stars; d. awarding the applicant the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding these unit awards to his DD Form 214; and e. awarding the applicant two overseas service bars and adding these overseas service bars to his DD Form 214. _____x __ CHAIRPERSON INDEX CASE ID AR20070013033 SUFFIX RECON DATE BOARDED 20080125 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 107.0000 2. 107.0020 3. 4. 5. 6.