IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20160016749 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 IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20160016749 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: a. awarding the applicant the Army Good Conduct Medal (2nd Award) for the period 24 September 1971 through 23 September 1974; b. deleting from his DD Form 214 for the period ending 23 September 1974 the Good Conduct Medal and Army Commendation Medal; and c. adding to his DD Form 214 for the period ending 23 September 1974 – * Army Commendation Medal (2nd Award) * Army Good Conduct Medal (2nd Award) * Driver and Mechanic Badge with Driver “W” Bar * Republic of Vietnam Gallantry Cross with Palm Unit Citation ____________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. IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20160016749 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 (Report of Separation from Active Duty) to show a second Army Commendation Medal and the “Sharpshooter Badge.” 2. The applicant states he believes the awards were overlooked at the time of the creation of his DD Form 214. 3. The applicant provides copies of: * orders for the Driver and Mechanics Badge with Driver "W" (Wheeled Vehicles) Bar * two Army Commendation Medal Certificates 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 19 March 1968. He served in Vietnam from 6 October 1968 through 11 April 1970 during five campaigns. 3. General Orders Number 349, issued by Headquarters, U.S. Army Support Command Cam Ranh Bay, dated 24 April 1970, announced award of the Army Commendation Medal to him for meritorious service during the period October 1968 to May 1970. He provides the certificate for this award. 4. A DA Form 20 (Enlisted Qualification Record) shows in: * item 38 (Record of Assignments) – he was assigned to duty in Vietnam with the 18th Quartermaster Platoon from 9 October 1968 through 13 May 1970 * item 38 – conduct and efficiency ratings of excellent * item 41 (Awards and Decorations) – * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal * Army Commendation Medal * Army Good Conduct Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 5. On 18 August 1971, he was honorably release from active duty. The DD Form 214 issued at that time shows his awards as: * National Defense Service Medal * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Army Good Conduct Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 6. The applicant again enlisted in the Regular Army on 24 September 1971. 7. Special Orders Number 78 (Extract), issued by Headquarters, 2nd Armored Division, on 19 March 1974, awarded the applicant the Driver and Mechanics Badge with Driver "W" Bar. 8. An Army Commendation Medal Certificate provided by the applicant shows Headquarters, 2nd Armored Division, awarded the applicant the Army Commendation Medal (First Oak Leaf Cluster) (i.e., 2nd Award) on 20 September 1974 for meritorious service from 30 August 1972 through 21 September 1974. 9. The applicant’s service record contains a copy of an Army Commendation Medal (2nd Award) Citation that outlines the applicant's accomplishments during the period August 1972 to September 1974. 10. A second DA Form 20 in the applicant’s service record shows in: * item 42 (Remarks) – he was qualified to reenlist * item 41 – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Good Conduct Medal * Army Commendation Medal 12. On 23 September 1974, the applicant was honorably discharged. His DD Form 214 lists his awards as: * National Defense Service Medal * Vietnam Service Medal with one silver service star * Republic of Vietnam Campaign Medal with Device (1960) * Army Good Conduct Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Army Commendation Medal 13. The applicant's record contains no derogatory entries, disciplinary actions, nonjudicial punishments, or court-martials that would suggest he was considered ineligible for award of the Army Good Conduct Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Army Commendation Medal is 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. b. The Army 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 active Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. Current practice requires that the commander provide written notice of nonfavorable consideration and permit the individual to respond. At the time, a Soldier must have had all “excellent” conduct and efficiency ratings and no convictions by court-martial. 2. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to the following units: a. Headquarters, United States Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973. b. Headquarters, United States Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The applicant was awarded the Army Good Conduct Medal during his first enlistment. After a short break in active duty service, he served honorably on active duty for an additional 3 years. The record contains no evidence of any disqualifying incidents or recommendations that would have precluded him from receiving a second award of the Army Good Conduct Medal. 2. The applicant's service record contains a copy of an Army Commendation Medal (2nd Award) Citation and he provides a certificate that reflects the period shown in the citation. Although orders for this award are not available, the Army Commendation Medal was, and still is, commonly given to enlisted Soldiers upon reaching the end of their active duty service obligation. The Board must determine if the available evidence is sufficient as a basis for adding the Army Commendation Medal (2nd Award) to his second DD Form 214. 3. The applicant's award of the Driver and Mechanic Badge with Driver "W" Bar was omitted from his second DD Form 214. 4. He served in a unit in Vietnam during a period for which the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This unit award was not recorded on his second DD Form 214. 5. The Sharpshooter Marksmanship Qualification Badge with Rifle Bar is listed on his second DD Form 214. No action from this Board is needed regarding this badge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016749 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016749 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2