ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  26 September 2019

	DOCKET NUMBER:  AR20190009944


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) to show award of the Army 
Commendation Medal (2nd Award).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record), dated 13 May 2019
*	Army Commendation Medal Certificate, dated 17 December 1970
*	DA Form 20 (Enlisted Qualification Record)
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, 
United States Code (USC), section 1552(b); however, the Army Board for Correction 
of Military Records (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.  The applicant states he believes the Army Commendation Medal (2nd Award) 
was mistakenly left out or there was no room to add the awards to his DD Form 214.

3.  On 27 August 1969, he was inducted into the Army of the United States.

4.  Item 31 (Foreign Service) of his DA Form 20 shows he served in the United 
States Army Pacific Command-Vietnam from 26 January to 18 December 1970.  

5.  On 26 August 1971, he was honorably discharged from active duty.  His 
DD Form 214 shows he was awarded or authorized the:

*	National Defense Service Medal
*	Vietnam Service Medal
*	Republic of Vietnam Campaign Medal with Device (1960)
*	Republic of Vietnam Civil Actions First Class Unit Citation
*	two overseas service bars
*	Marksman Marksmanship Qualification Badge (M-16)
*	Army Good Conduct Medal
*	Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  He provided his Army Commendation Citation and Certificate for the period 
January to December 1970 for meritorious service while serving with the 
20th Engineer Brigade in the Republic of Vietnam.  

7.  His records are void of orders awarding him the Army Commendation Medal and 
Army Commendation Medal (2nd Award).

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found the 
evidence supports a recommendation for partial relief.

2.  The applicant provided an Army Commendation Medal Citation and Certificate.  It 
appears he believes these documents show he received two awards of the Army 
Commendation Medal.  In fact, at the time, for each award of the Army 
Commendation Medal a Soldier was issued a certificate and citation.  The Board 
agreed that the documents the applicant provided represent one award of the Army 
Commendation Medal in that the period for the award shown on each document is 
the same (January to December 1970).  Although the record does not contain orders 
for this award, the Board concluded that a preponderance of the evidence confirms 
he received the Army Commendation Medal for his tour of duty in Vietnam and the 
available records are sufficient as a basis for adding this award to his DD Form 214.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION





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 adding 
the Army Commendation Medal to his DD Form 214.  

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 (2nd 
Award).

	  
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):  The applicant participated in three campaigns not 
shown with his previously issued Vietnam Service Medal.  His unit was awarded the 
Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not listed on 
his DD Form 214.  His records should be corrected to show his campaign 
participation in Vietnam and award of the Republic of Vietnam Gallantry Cross with 
Palm Unit Citation. 
   
?
REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of limitations if the ABCMR 
determines it would be in the interest of justice to do so.

2.  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.

3.  Department of the Army General Orders Number 8, dated 19 March 1974, 
confirmed 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. 

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190009944
	
2

1