IN THE CASE OF:	  

		BOARD DATE:	  1 October 2009

		DOCKET NUMBER:  AR20090008917 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his awards of the Army Commendation Medal (ARCOM) and the Army Good Conduct Medal (AGCM).

2.  The applicant states that he received the ARCOM and the AGCM; however, they were not included on his DD Form 214 at the time of his separation.

3.  The applicant provides a certificate for award of the ARCOM and a copy of his DD Form 214.

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 18 January 1965 for a period of 3 years and training as a welder.  He successfully completed his training and was assigned to Fort Meade, Maryland for his first duty assignment.

3.  On 1 November 1966, he was transferred with his unit (the 188th Maintenance Battalion) to Vietnam.  He was promoted to the pay grade of E-5 on 30 May 1967.

4.  He departed Vietnam on 25 October 1967 and was transferred to Fort Lewis, Washington, where he was honorably released from active duty (REFRAD) on 27 October 1967 as an overseas returnee.  The DD Form 214 he was issued at the time of his REFRAD shows that he had completed 2 years, 9 months, and 
10 days of total active service and he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM) the Vietnam Campaign Medal and the Expert Marksmanship Qualification Badge (M-14 Rifle).

5.  A review of the applicant's official records failed to reveal any orders for award of the ARCOM or the AGCM.  However, his records do show that he received "excellent" conduct and efficiency ratings throughout his service and is void of any disqualifying information that would serve to disqualify him for award of the AGCM.

6.  The ARCOM certificate provided by the applicant indicates that he was awarded the ARCOM for meritorious service during the period of April to September 1967.

7.  A search of the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, also failed to reflect orders awarding him the ARCOM and the AGCM.

8.  Army Regulation 600-8-22 (Military Awards) provides that the ARCOM 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, distinguished 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.

9.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in General Orders.

10.  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, at the time of the applicant’s assignment to the 188th Maintenance Battalion, the unit was cited for award of the Valorous Unit Award (VUA) and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation.  Additionally, the applicant participated in three campaigns while in Vietnam and thus is entitled to award of three bronze service stars for wear on his already-awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant's claim that he was awarded the ARCOM is not in doubt, the applicant has not provided and his records do not contain orders for award of the ARCOM.  Therefore, absent orders to confirm the actual award of the ARCOM, there appears to be no basis to add this award to his DD Form 214 at this time.

2.  Although there are no orders awarding the applicant the AGCM in the available records, the applicant met all of the qualifications for award of the AGCM and there is no indication of any action taken by the commander at the time to disqualify him for this award.  Therefore, it is reasonable to presume that he was awarded the AGCM for the period from 18 January 1965 to 
27 October 1967.  Accordingly, this award should be added to his DD Form 214 at this time.

3.  Additionally, the evidence of record shows the applicant is entitled to wear the VUA, the RVNGC w/Palm Unit Citation, and three bronze service stars for wear on his already-awarded VSM.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

a. awarding him the AGCM for the period 18 January 1965 to 
27 October 1967; and

   b.  adding to his DD Form 214 the AGCM, the VUA, the RVNGC w/Palm Unit Citation and three bronze service stars for wear on his already-awarded VSM. 

2.  The Board further determined that 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 adding the award of the ARCOM to his DD Form 214.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _  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)                                         AR20090008917



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ABCMR Record of Proceedings (cont)                                         AR20090008917



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