RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 April 2008
	DOCKET NUMBER:  AR20070018118 


	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.



	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, in effect, that the Army Commendation Medal (ARCOM) be added to his record and separation document (DD Form 214).   

2.  The applicant states, in effect, that he was awarded the ARCOM in May of 1971.  He claims this was done in concert with the drawdown of the 506th Infantry Regiment and his reassignment out of the unit.  He claims that as members of the unit were getting ready to get on the trucks taking them to their new assignments, they were presented the ARCOM.  

3.  The applicant provides a third-party statement and photographs in support of his application. 

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 record shows that he was inducted into the Army and entered active duty on 15 May 1970.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman), and the highest rank he attained while serving on active duty was specialist four (SP4).  

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that he served in the Republic of Vietnam (RVN) from 23 November 1970 through 
19 November 1971.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to the following units for the periods indicated:  Company C, 3rd Battalion, 506th Infantry Regiment from 8 December 1970 through 3 May 1971; Company B, 1st Battalion, 327th Infantry Regiment from 
4 May through 15 May 1971; and to Company A (Assault Helicopter), 
101st Airborne Division from 16 May through 19 November 1971.  

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he earned the following awards:  National Defense Service Medal; Vietnam Service Medal (VSM); Combat Infantryman Badge (CIB); Air Medal (AM); Bronze Star Medal (BSM); Army Good Conduct Medal (AGCM); and Expert Marksmanship Qualification Badge with Rifle Bar.  Item 48 (Date of Audit) shows the applicant last audited the DA Form 20 on 30 November 1970.  

5.  Headquarters, 101st Airborne Division General Orders Number 9629, dated 29 September 1971, awarded the applicant the BSM for his meritorious service in the RVN from November 1970 through November 1971.  

6.  On 24 November 1971, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 6 months, and 10 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that he earned the following awards during his active duty tenure:  NDSM; Expert Marksmanship Qualification Badge with Rifle Bar; VSM; CIB; AM; BSM; and AGCM.  The ARCOM is not included in the list of awards contained in Item 24, and the applicant authenticated the separation document with his signature in Item 32 (Signature of Person Being Transferred or Discharged) on the date of his REFRAD.  

7.  The applicant provides a statement from the former commander of his unit (Company C, 3rd Battalion, 506th Infantry Regiment) in the RVN.  This individual states that he can verify that the applicant was awarded the ARCOM for service with the 506th Infantry Regiment in the RVN in 1971.  He further indicates that the applicant was a company medical corpsman and was among those Soldiers awarded the ARCOM for service.  He further states that the applicant has photographs of the ceremony awarding him the ARCOM; however, for some reason, the award is not reflected on the applicant's record.  He also provides photographs that show him being awarded the ARCOM. 

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 1-19 provides guidance on duplication of awards.  It states, in pertinent part, that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.  Paragraph 1-20 contains guidance on interim awards and states, in pertinent part, that to ensure a deserving act, achievement, or service receives recognition, the appropriate authority may promptly award a suitable lesser military decoration pending final action on a recommendation for a higher award.  When a higher award is approved, the approving authority will revoke the interim award.


9.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized with the VSM for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of RVN campaigns.  It shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the Consolidation I and Consolidation II campaigns. 

10.  Paragraph 9-13 of the awards regulation contains guidance on award of the RVN Campaign Medal.  It states, in pertinent part, that it is authorized for serving in the RVN for 6 months during the period between 1 March 1961 and 28 March 1973.  A 1960 Device is authorized for wear with the RVN Campaign Medal.

11.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was awarded the ARCOM for meritorious service with the 506th Infantry Regiment in the RVN and that this award should be added to his record was carefully considered.  However, by regulation, a member may only receive one award for the same period of meritorious service.

2.  The evidence of record confirms the applicant was awarded the BSM for his meritorious service with the 101st Airborne Division in the RVN between November 1970 and November 1971.  His record is void of any entries or orders that indicate he was ever awarded the ARCOM for the same period of RVN service covered by his BSM. If the applicant did receive the ARCOM, as indicated by him and his former commander in the RVN, it was likely an interim award pending the approval of the BSM he was ultimately awarded for the entire period he served in the RVN.  As a result, there is an insufficient evidentiary basis to support adding the ARCOM to his record and separation document at this time.  

3.  The evidence of record does show that based on his RVN service and campaign participation, he is entitled to the RVN Campaign Medal with 
Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, 
and 2 bronze service stars with his VSM.  The omission of these awards from 
his record and separation document is an administrative matter that does not require Board action to correct.  Therefore, the Case Management Support Division (CMSD), St. Louis, Missouri, will administratively correct his record 
and separation document 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

__x__  __x __  __x __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice related to award of the Army Commendation Medal.  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 to show his entitlement to the Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 2 bronze service stars for wear on his already-Vietnam Service Medal; and by providing him a correction to his separation document that includes these awards.




_____x ____
          CHAIRPERSON