BOARD DATE:	  10 November 2009 

		DOCKET NUMBER:  AR20090012034 


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 reconsideration of his earlier petition requesting correction of Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 18 June 1971 to show award of the Army Commendation Medal (ARCOM).

2.  The applicant states he had the orders that awarded him the ARCOM for meritorious service during the period May 1970 to June 1971.  He claims he previously submitted the ARCOM certificate and citation and that these documents should have proven he earned the award.  He claims it has been more than 30 years and the Board should consider these documents and add the ARCOM to his DD form 214, which he hopes occurs before he passes. 

3.  The applicant provides a self-authored statement and Headquarters, U.S. Army Armor Center, Fort Knox, KY, General Orders Number 142, dated 21 June 1971, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090000108 on 23 April 2009.

2.  During its original review of the case, the Board determined that although the applicant provided and award certificate and citation, there was no order in the available records or provided by the applicant that indicated he had been awarded the ARCOM by proper authority while serving on active duty.  As a result there was insufficient evidence to support adding the ARCOM to the applicant's DD Form 214.

3.  The applicant now provides General Orders Number 142, dated 21 June 1971, which awarded him the ARCOM for meritorious service during the period 
9 May 1970 to 20 June 1971, as new evidence in support of his reconsideration request.

4.  The applicant's record shows he enlisted in the Regular Army on 21 June 1968.  He was trained in and awarded military occupational specialty (MOS) 62B (Engineer Equipment Repairman).  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 11 May 1969 through 3 April 1970.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Headquarters and Company A, and Company C, 701st Maintenance Battalion, 1st Infantry Division, performing duties in MOS 62B as an engineer equipment repairman and MOS 71B as a clerk typist.  Item 38 also shows he received "excellent" conduct and efficiency ratings during all of his active duty assignments

5.  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), Bronze Star Medal (BSM), Republic of Vietnam Campaign Medal (RVNCM) with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bar.

6.  The applicant's official military personnel file (OMPF) is void of any derogatory information or a unit commander disqualification that would have precluded the applicant from receiving the Army Good Conduct Medal (AGCM).

7.  On 18 June 1971, the applicant was honorably released from active duty (REFRAD), in the rank/grade of specialist five (SP5)/E-5, after completing a total of 2 years, 11 months, and 28 days of active military service.  Item 24 shows he earned the NDSM, VSM, RVNCM with Device (1960), and BSM during his active duty tenure. 

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant’s tenure of assignment in the RVN, his unit (Headquarters and Company A, 701st Battalion, 
1st Infantry Division) received the RVN Civil Actions Honor Medal First Class Unit Citation.  It also shows that during this period, participation credit was granted for the TET Counteroffensive 1969 (23 February 1969 – 8 June 1969), Vietnam Summer-Fall (9 June 1969 – 31 October 1969), and Vietnam Winter-Spring (1 November 1969 – 30 April 1970) campaigns.  

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated, in pertinent part, 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.

10.  Department of the Army General Order Number 8, dated 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 the ARCOM should be added to the list of awards contained in item 24 of his DD Form 214 was carefully considered and found to have merit.  The ARCOM orders provided by the applicant confirms he was awarded the ARCOM for meritorious service during the period 9 May 1970 to 20 June 1971, and these orders are corroborated by the ARCOM certificate and citation previously submitted by the applicant.  Therefore, it would be appropriate to add the ARCOM to item 24 of the applicant's DD Form 214 at this time. 

2.  The applicant's record also confirms he received "excellent" conduct and efficiency ratings during all of his active duty assignments and his record is void of derogatory information or a unit commander disqualification that would have precluded him from receiving the AGCM.  Therefore, it would be appropriate to award him the 1st award of the AGCM for his qualifying period of honorable active service from 21 June 1968 to 18 June 1971.

3.  The evidence of record further shows that based on his RVN service and campaign participation, he is eligible for the RVN Civil Actions Honor Medal First Class Unit Citation, RVN Gallantry Cross with Palm Unit Citation, and 3 bronze service stars with his already-awarded VSM.  In addition, his record shows that based on his qualification with the M-14 and M-16 rifles, he receive the Expert 
Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bar, which was omitted from his DD Form 214.  As a result, it would be appropriate to add these awards and decorations as well to item 24 of his record and DD Form 214 at this time. 

BOARD VOTE:

__x_____  __x_____  ___x_____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20090000108, dated 23 April 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from Item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st award), for his qualifying period of honorable active duty service from 21 June 1968 to 18 June 1971; 

	c.  adding to Item 24 of his DD Form 214 the Army Commendation Medal, Army Good Conduct Medal (1st award), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle (M-14 and M-16) Bar; and

	d.  providing him a correction to his DD Form 214 that reflects these changes.



      ___________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)                                         AR20090012034



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ABCMR Record of Proceedings (cont)                                         AR20090012034



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