RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 March 2008
	DOCKET NUMBER:  AR20070014234 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. Frank C. Jones, II

Chairperson

Ms. Carmen Duncan

Member

Mr. Scott W. Faught

Member

	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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 24 November 1969 be corrected to show award of the Army Commendation Medal (ARCOM).

2.  The applicant states that his ARCOM is not shown on his DD Form 214. 

3.  The applicant provides two copies of his ARCOM certificate dated 27 December 1968.

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 was inducted into the Army of the United States on 1 August 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13A (Field Artilleryman). The highest grade the applicant attained while serving on active duty was specialist four/pay grade E-4.  He was honorably discharged from active duty on 24 November 1969 and transferred to the U. S. Army Reserve Control Group (Annual Training).

3.  The applicant's records show that he served in the Republic of Vietnam from 20 December 1967 to 20 November 1968 and that he served as a cannoneer in C Battery, 3rd Battalion, 18th Artillery throughout his tour.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 does not show award of the ARCOM.  This DD Form 214 does show award of the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, and the Vietnam Campaign Medal.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry "ARCOM 'S' Pend" which is an abbreviation for an ARCOM award for service that is pending.  This entry is dated 7 October 1968.  

6.  There are no permanent orders awarding the applicant the ARCOM available in his official military service record.  A search of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) for the Vietnam era does not show an award order was published. 

7.  The applicant's records contain the following permanent award orders:

     a.  Special Orders Number 229, dated 22 September 1967, published by Headquarters, U. S. Army Training Center, Fort Campbell, awarded him the Marksmanship Qualification Badge with Rifle Bar.  

     b.  Special Orders Number 275, dated 21 November 1967, published by Headquarters, U. S. Army Training Center, Fort Campbell, awarded him the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.

8.  Records show the applicant was convicted by a Special Court-Martial on 16 May 1969 for being absent without leave from on or about 24 January 1969 to 29 April 1969. 

9.  The applicant provided two copies of an ARCOM certificate, which shows that he was commended for meritorious service in the Republic of Vietnam during the period December 1967 to November 1968.  The certificate is dated 27 December 1968 and it was signed by a major general.

10.  A review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

11.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Counteroffensive Phase III (1 June 1967 to 29 January 1968); the Tet Counteroffensive (30 January 1968 to 1 April 1968); the Counteroffensive Phase IV (2 April 1968 to 30 June 1968); the Counteroffensive Phase V (1 July 1968 to 1 November 1968): and the Counteroffensive Phase VI (2 November 1968 to 22 February 1969) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Further, it provides that a silver service star is authorized in lieu of five bronze service stars.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that Department of the Army General Order Number 8, dated 1974, cited Headquarters, United States Army Vietnam and its subordinate units, to which the applicant was assigned, for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973.

13.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum that awards the decoration. Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence or record to show that the ARCOM was award by permanent order.  The applicant submitted a copy of a certificate with this application.  Army regulations state that award certificates alone will not be used as a basis for entering a decoration on the applicant’s DD Form 214.  Therefore, there is insufficient evidence to show that the award of the ARCOM was approved by the applicant’s commander in the rank of colonel or above and that its announcement was a matter of official record through the publication of permanent orders.  

2.  Based on the applicant's service with C Battery, 3rd Battalion, 18th Artillery in the Republic of Vietnam, he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

3.  Based on the evidence of record, the applicant is entitled to have his records corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.   

4.  The applicant's military personnel records show he participated in five campaigns during his service in Vietnam.  Therefore, he is entitled to one silver service star to be affixed to his previously awarded Vietnam Service Medal.  

5.  Evidence shows that the applicant’s records contain administrative error, which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_ _FCJ__  __CD ___  __SWF  _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by amending his DD Form 214 with a separation date of 24 November 1969 to show award of the Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, and a silver service star to be affixed to his previously awarded Vietnam Service Medal. 




___Frank C. Jones  ___
      CHAIRPERSON


INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.