IN THE CASE OF:	  

		BOARD DATE:	  24 September 2008

		DOCKET NUMBER:  AR20080010073 


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, in effect, that the Army Commendation Medal (ARCOM) with "V" (Valor) Device be added to his separation document 
(DD form 214). 

2.  The applicant states, in effect, he received the award in question, but it was not included on his DD Form 214.  

3.  The applicant provides general orders (GO) 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 he was inducted into the Army and entered active duty on 19 September 1967, and was initially trained in and awarded military occupational specialty (MOS) 71B (Clerk Typist).  He was later reclassified into MOS 71L (Administrative Specialist).  

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the Republic of Vietnam (RVN) from 27 February 1968 through 24 April 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Headquarters and Headquarters Detachment (HHD), 1st Logistical Command, performing duties in MOS 71B as a clerk typist.  Item 41 (Awards and Decorations) shows that during his active duty tenure, he earned the National Defense Service Medal (NDSM), Bronze Star Medal (BSM), Vietnam Service Medal (VSM), RVN Campaign Medal with 60 Device, Army Good Conduct Medal (AGCM), and Expert Marksmanship Qualification Badge with Rifle Bar.  The ARCOM with "V" Device is not included in the list of awards contained in Item 41. 

4.  The applicant's Official Military Personnel File (OMPF) is void of any orders or other documents that indicate the applicant was ever recommended for or awarded the ARCOM with "V" Device during his active duty tenure.  

5.  On 24 April 1969, the applicant was honorably released from active duty (REFRAD) after completing 1 year, 7 months, and 6 days of active military service.  The DD Form 214 he was issued lists the following awards in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  NDSM; VSM; RVN Campaign Medal; AGCM; and BSM.  The ARCOM with "V" Device in not included in the list of awards contained in Item 24, and the applicant authenticated the separation document with his signature on the date of his REFRAD.   

6.  The applicant provides a copy of a GO that shows he was awarded the ARCOM with "V" Device for heroism in connection with military operations against a hostile force in the RVN on 13 February 1969.  

7.  During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Awards and Decorations Computer Assisted Retrieval System (ADCARS), which is a web based index maintained by the Military Awards Branch, United States Army Human Resources Command, that contains general orders issued between 1965 and 1973 for the Vietnam era.  There are no ARCOM with "V" Device orders pertaining to the applicant on file in ADCARS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he earned the ARCOM with "V" Device and it should be added to the list of awards contained on his DD Form 214 was carefully considered.  However, there is insufficient evidence to support this claim.  

2.  The applicant's record is void of any orders or other documents indicationg that he was ever recommended for or awarded the ARCOM with "V" Device by proper authority while serving on active duty.  This award is not included in Item 41 of his DA Form 20, or in the list of awards contained in Item 24 of his 
DD Form 214, which he authenticated with his signature on the date of his REFRAD.  In effect, his signature was his verification that the information contained on the separation document, to include the list of awards contained in Item 24, was correct at the time the DD Form 214 was prepared and issued.  Further, there are no ARCOM with "V" Device orders pertaining to the applicant on file in the ADCARS.  

3.  While it is not certain, the typing on the ARCOM with "V" Device orders provided by the applicant appears to have been altered, as indicated by the different appearance in the type used for the GO Number, the date of the orders, and the standard name line listing of the applicant's name, service number, and rank.  As a result, absent any evidence of record to corroborate these orders and/or the applicant's claim that he was awarded the ARCOM with "V" Device, these orders alone fail to provide a sufficient evidentiary basis to support granting the requested relief.  

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x ____  ___x____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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.




      _______ _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.

ABCMR Record of Proceedings (cont)                                         AR20080010073



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ABCMR Record of Proceedings (cont)                                         AR20080010073


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