IN THE CASE OF:	

		BOARD DATE:	 11 March 2010 

		DOCKET NUMBER:  AR20090013984 


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 award of the Army Commendation Medal (ARCOM) with "V" Device and any other awards to which he may be entitled.

2.  The applicant states he believes he was awarded the ARCOM with "V" Device, but it was not placed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides:

	a.  congressional correspondence;

	b.  a 7 September 1970 letter from the Office of The Adjutant General stating he was awarded the ARCOM; and

	c.  an ARCOM Certificate and a Recommendation for Award of the ARCOM.

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 was inducted into the Army of the United States on 9 October 1968.  He was honorably separated on 14 May 1970 after 1 year, 7 months, and 6 days of creditable service.  He achieved the rank of Specialist Five (SP5/E-5).

3.  The applicant served in Vietnam from 19 March 1969 to 13 May 1970 as a Senior Wheeled Vehicle Mechanic.  He served with two units – Headquarters and Headquarters Company, 168th Engineer Battalion and Company D, 554th Engineer Battalion.

4.  The applicant's records show the following awards and badges:

	a.  General Orders Number 436, Headquarters, 20th Engineer Brigade, Vietnam, dated 8 April 1970, awarded him the ARCOM for meritorious service;

	b.  General Orders Number 11, Headquarters, 554th Engineer Battalion, Vietnam, dated 24 April 1970, awarded him the Good Conduct Medal;

	c.  General Orders Number 5, Headquarters, 168th Engineer Battalion, Vietnam, dated 3 February 1970, awarded him the Driver and Mechanic Badge with Mechanic Bar;

	d.  Special Orders Number 336, Headquarters, U.S. Army Training Center, Infantry, Fort Bragg, NC, dated 1 December 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); and 

	e.  Special Orders Number 57, Headquarters, U.S. Army Training Center and Fort Leonard Wood, MO, dated 26 February 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, ARCOM (meritorious service), Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Good Conduct Medal.

6.  There is no evidence the applicant was awarded the ARCOM with "V" Device. There are no orders in his records for the ARCOM with "V" Device; it does not appear on his DA Form 20 (Enlisted Qualification Record); and a review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any award of the ARCOM with "V" Device orders on file for the applicant.

7.  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 the 168th Engineer Battalion was cited for award of the Meritorious Unit Commendation for the period 1 July 1969 to 28 February 1970 by Department of the Army General Order (DAGO) Number 51, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 August 1967 to 9 February 1970 by DAGO Number 43, dated 1970.  It also shows that the 554th Engineer Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 by DAGO Number 5, dated 1973, 

8.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  The applicant served during the following four authorized campaigns TET 69 Counteroffensive (23 February 1969-8 June 1969), Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969), Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970), and DA Sanctuary Counteroffensive (1 May 1970-30 June 1970).

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants the ARCOM with "V" Device and any other awards added to his DD Form 214.

2.  The applicant's service records and his DD Form 214 show award of the ARCOM for meritorious service; there is no evidence he was awarded an ARCOM for valor.

3.  The applicant's records show he was awarded the Driver and Mechanic Badge with Mechanic Bar and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16).  These badges should be added to his DD Form 214.

4.  Units to which the applicant was assigned were awarded the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards should be added to his DD Form 214.

5.  Finally, the applicant served in Vietnam during four campaigns.  His DD Form 214 should be corrected to show award of the Vietnam Service Medal with four bronze service bars.

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 adding to his DD Form 214 the Driver and Mechanic Badge with Mechanic Bar, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and (M-16), the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars to be worn on his already awarded Vietnam Service Medal.

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 the ARCOM with "V" Device. 




      _______ _  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)                                         AR20090013984



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ABCMR Record of Proceedings (cont)                                         AR20090013984



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