BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160004244 BOARD VOTE: ____x_____ ___x____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160004244 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amending his DD Form 214 for the period ending 16 September 1970 by: a. deleting the Vietnam Service Medal with two bronze service stars and b. adding – * Army Commendation Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) __________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. BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160004244 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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Army Commendation Medal. 2. The applicant states he received the Army Commendation Medal on 1 February 1970 while assigned to Company D, 2nd Battalion, 35th Infantry, 4th Infantry Division. 3. The applicant provides: * DD Form 214 * Army Commendation Medal Certificate and citation 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 service records are not available for review. The applicant provides a copy of his DD Form 214 and award certificate/citation, which are sufficient for the Board to conduct a fair and impartial review of his case. 3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 17 September 1968. At the time of his separation, he held military occupational specialty 11B (Light Weapons Infantryman). 4. His DD Form 214 also shows he was honorably released from active duty on 16 September 1970 due to expiration of term of service. It shows: * he held the rank/grade of sergeant/E-5 and completed 2 years of active service, of which one year was foreign service in the U.S. Army Pacific * he was last assigned to Company C, 5th Battalion, 10th Infantry, Fifth United States Army and separated at Fort Carson, CO * he served in Vietnam from 9 February 1969 to 8 February 1970 * he was awarded or authorized the National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal with 2 bronze service stars, and Vietnam Campaign Medal with Device (1960) 5. He provides a certificate and citation showing he was awarded the Army Commendation Medal for meritorious service in Vietnam while serving as a Radio Telephone Operator with Company D, 2nd Battalion, 35th Infantry, 4th Infantry Division, during the period February 1969 to February 1970. The certificate is signed by Major General (MG) Glenn D. Walker. There are no orders accompanying his certificate. 6. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Army Commendation Medal pertaining to the applicant. 7. An internet search of the history of the 4th Infantry Division confirmed that MG Glenn D. Walker was the Commanding General from November 1969 to June 1970. He died in 2002. REFERENCES: 1. 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. 2. 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This same regulation states a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. During his service in Vietnam, participation credit was awarded for the following three campaigns: * Tet 69/Counteroffensive, 23 February – 8 June 1969 * Vietnam Summer - Fall 1969, 9 June – 31 October 1969 * Vietnam Winter - Spring 1970, 1 November 1969 – 30 April 1970 3. Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) list the awards received by units serving in the Vietnam War. This pamphlet shows the 2nd Battalion, 35th Infantry, to which the applicant was assigned from February 1969 to February 1970, was cited for award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 August 1967 to 28 July 1969 by Department of the Army General Orders (DAGO) Number 38, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 29 July 1969 to 17 November 1970 by DAGO Number 52, dated 1971 * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for service from 1 August 1967 to 31 October 1969 by DAGO Number 53, dated 1970 4. Department of the Army Pamphlet 672-3 also states not more than one Republic of Vietnam Gallantry Cross with Palm 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, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records. DISCUSSION: 1. There are no orders showing he was awarded the Army Commendation Medal. The governing Army regulation states that for personal decorations (which include the Army Commendation Medal), formal recommendations, approval through the chain of command, and announcement in orders are required. However – * the applicant provides a certificate, signed by an appropriate level commander approving award of the Army Commendation Medal for meritorious service from February 1969 to February 1970 * the applicant's period of service on the certificate is consistent with his period of service in Vietnam as shown on the DD Form 214 * the award approval authority was assigned as the 4th Infantry Division commander during the period referenced on the certificate 2. The Board must determine if the certificate is sufficient evidence to demonstrate the applicant was awarded the Army Commendation Medal and is sufficient basis to add the award to his DD Form 214. 3. The applicant’s DD Form 214 reflects award of the Vietnam Service Medal with 2 bronze service stars; however, he participated in three campaigns and is authorized three bronze service stars to denote his participation in three campaigns. 4. His unit in Vietnam was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. These unit awards are not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004244 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004244 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2