IN THE CASE OF:	

		BOARD DATE:	15 December 2009

		DOCKET NUMBER:  AR20090012016 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) be corrected to reflect award of the Army Commendation Medal (ARCOM) with 2nd Oak Leaf Cluster (3rd Award) and the Bronze Star Medal (BSM).  

2.  The applicant states, in effect, that his BSM and ARCOM with 2nd Oak Leaf Cluster are not included in item 24 of his DD Form 214 and should be added.  

3.  The applicant provides no documentary evidence 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 of the United States and entered active duty on 8 February 1968.  He was honorably separated for immediate reenlistment on 13 February 1968.  He enlisted in the Regular Army (RA) on 14 February 1968, and continued serving on active duty in that status.  He was trained in, awarded, and served in military occupational specialty (MOS) 63H (Engineer Power Train Repairman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 25 January 1969 through 29 September 1970.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to the 223rd Supply and Service Company from 6 February 1969 through 23 July 1969, performing duties in MOS 63H as a mechanic and to Company D, 75th Support Battalion, 1st Brigade, 5th Infantry Division from 
24 July 1969 through 24 September 1970, performing duties in MOS 64B as a senior heavy vehicle driver.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that during his active duty tenure, he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), ARCOM with 1st Oak Leaf Cluster, RVN Campaign Medal (RVNCM) with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar, and 2 Overseas Service Bars.

5.  The applicant's record contains Headquarters, 1st Infantry Brigade, 
5th Infantry Division General Orders Number 233, dated 19 December 1969, which awarded him the ARCOM for meritorious service during the period January 1969 through January 1970.  It also contains Headquarters, 1st Infantry Brigade, 5th Infantry Division General Orders Number 323, dated 22 March 1970, which awarded him the ARCOM with 1st Oak Leaf Cluster for meritorious achievement during the period 25 January 1969 through 24 June 1969.  There are no orders or other documents on file that show he was awarded the ARCOM with 2nd Oak Leaf Cluster or BSM while serving on active duty.  

6.  On 29 September 1970, the applicant was honorably released from active duty (REFRAD), in the rank of specialist five, after completing a total of 2 years, 
7 months and 23 days of total active military service.  Item 24 of the applicant's DD Form 214 shows he earned the following awards during his active duty tenure:  NDSM, VSM, ARCOM with 1st Oak Leaf Cluster, RVNCM with Device (1960), Expert Marksmanship Qualification Badge with Rifle Bar, and 
2 Overseas Service Bars.

7.  During the processing of this case, a member of the Board’s staff reviewed 
the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, no ARCOM with 2nd Oak Leaf Cluster or BSM pertaining to the applicant were found during this search.  

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  The regulation stipulates that individual awards must be recommended, approved by proper authority and announced in official orders.  

9.  Paragraph 3-14 of the awards regulation contains guidance on award of the BSM.  It states, in pertinent part, that it is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service.  

10.  Paragraph 3-17 of the awards regulation contains guidance on the ARCOM.  It states, in pertinent part, that the ARCOM is 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was awarded the ARCOM with 2nd Oak Leaf Cluster and BSM 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 indicating he was ever recommended for or awarded the ARCOM with 2nd Oak Leaf Cluster or BSM by proper authority while serving on active duty.  Additionally, these awards are not included in the list of awards contained in item 41 of his DA Form 20 or in Item 24 of his DD Form 214.  Further, there are no orders pertaining to these awards in the ADCARS maintained by DA.  As a result, absent any evidence of record or independent evidence submitted by the applicant that confirms he was awarded a third ARCOM or the BSM, there is an insufficient evidentiary basis to support granting the requested relief. 


3.  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)                                         AR20090012016



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ABCMR Record of Proceedings (cont)                                         AR20090012016



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