BOARD DATE: 2 May 2018 DOCKET NUMBER: AR20160011429 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ ___x_____ ___x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 2 May 2018 DOCKET NUMBER: AR20160011429 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 14 November 1968 through 15 September 1971, b. deleting the Vietnam Service Medal from his DD Form 214, and c. adding to his DD Form 214: * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with three bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 2. The Board further determined 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 the Army Commendation Medal. __________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: 2 May 2018 DOCKET NUMBER: AR20160011429 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 Good Conduct Medal and Army Commendation Medal. 2. The applicant states, in effect, his commanding officer did not recommend him for these awards due to his abrupt early release from active duty to join the Army National Guard (ARNG). His military service was without any disciplinary actions and his efficiency ratings were good. 3. The applicant provides: * DD Form 214 * Honorable Discharge Certificate * self-authored letter, dated 13 June 2016 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 14 November 1968 for a period of 3 years. 3. He departed the continental United States en route to Vietnam on 25 April 1969. 4. His DA Form 20 (Enlisted Qualification Record) shows: * he was assigned to Company C, 36th Engineer Battalion, from 28 April 1969 to 1 April 1970 * he received excellent conduct and efficiency ratings throughout his service 5. He participated in three campaigns during his assignment in Vietnam. 6. He departed Vietnam en route to the United States on or about 1 April 1970. 7. Headquarters, U.S. Army Personnel Center, Special Orders Number 257, dated 14 September 1971, discharged him effective 15 September 1971. 8. His DD Form 214 shows: * he was honorably released from active duty on 15 September 1971 in the rank of specialist five * he completed 3 years of creditable service (this entry is incorrect because 14 November 1968 to 15 September 1971 equates to 2 years and 10 months) * no lost time * he was transferred to the U.S. Army Reserve * he was discharged 2 months early to join an ARNG unit 9. His DD Form 214 also shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * two overseas service bars * Driver and Mechanic Badge with Driver-W Bar * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 10. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal. His records contain no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. 11. There are no orders for the Army Commendation Medal in the available records. 12. 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 U.S. Army Human Resources Command, failed to reveal Army Commendation Medal orders pertaining to the applicant. 13. He enlisted in the ARNG on 19 January 1972 for a period of 1 year. On 12 November 1972, he was honorably discharged from the ARNG. 14. He was honorably discharged from the U.S. Army Reserve effective 1 November 1974. 15. He provided a self-authored letter, dated 13 June 2016, stating: a. In September 1971, he learned of a program wherein he could be released 2 months early from active duty if he enlisted in the ARNG for a period of 1 year. He applied for this program and was granted the early release. b. In a matter of 2 days, he was released from active duty. His commanding officer did not appreciate this because he was serving as the company legal clerk and this left his commanding officer with a vacancy he needed to fill. Due to his abrupt departure, his commanding officer did not submit his name to receive the Army Good Conduct Medal or the Army Commendation Medal. c. He was assigned to an ARNG unit in Grand Rapids, Michigan. He served with this unit until 1972 at which time he was granted a transfer to a unit in Springfield, Missouri. d. He completed his 1-year obligation in the ARNG. He thinks he slipped through the cracks and was never recommended for the Army Good Conduct Medal or Army Commendation Medal. e. His entire service, both active duty and ARNG service, was without any disciplinary actions and he had good efficiency ratings. REFERENCES: 1. 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 the 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. 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes 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, a formal recommendation, approval through the chain of command, and announcement in orders is required. b. A bronze service star is authorized with the Vietnam Service Medal for each credited campaign. 3. 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 36th Engineer Battalion, was awarded the: * Meritorious Unit Commendation for actions during the period 1 September 1968 to 31 December 1969 in Department of the Army General Orders Number 51, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period June 1968 to 16 April 1970 in Department of the Army General Orders Number 32, dated 1973 4. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 5. Title 10, U.S. Code, section 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. 6. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to the Secretary of the Army at the following agency: Commander, U.S. Army Human Resources Command, Attention:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122. The applicant's unit must be clearly identified along with the period of assignment and the award being recommended. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests for consideration of awards should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Corroborating evidence is best provided by commanders, leaders and fellow Soldiers who had personal knowledge of the circumstances and events relative to the request. The burden and costs for researching and assembling documentation to support approval of requested awards and decorations rest with the requestor. DISCUSSION: 1. The applicant completed 2 years and 10 months of active service ending with his release from active duty on 15 September 1971. He received all "excellent" conduct and efficiency ratings and his records contain no adverse information or a commander's disqualification statement for the first award of the Army Good Conduct Medal. He appears to have met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 14 November 1968 through 15 September 1971. His DD Form 214 does not show this medal. 2. He participated in three campaigns during his service in Vietnam and is authorized three bronze service stars with his award of the Vietnam Service Medal. These service stars are not shown on his DD Form 214. 3. His Vietnam unit was awarded the Meritorious Unit Commendation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned. His DD Form 214 does not show these unit awards. 4. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period. His DD Form 214 does not show this medal. 5. The applicant states he was not awarded the Army Commendation Medal due to the circumstances under which he was released from active duty. The available records confirm that he was not awarded the Army Commendation Medal. A recommendation by this Board to deny this portion of his requested relief will in no way affect his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011429 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011429 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2