IN THE CASE OF:
BOARD DATE: 26 January 2010
DOCKET NUMBER: AR20090014171
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 the Army Commendation Medal (ARCOM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that he has the original citation and certificate for the ARCOM with both being notarized at Fort Polk, LA. He states he received this award on his last day of active duty.
3. The applicant provides a copy of his award certificate and citation for award of the ARCOM and a letter from the National Personnel Records Center 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 applicants 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 applicants 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 6 October 1967. He served in Vietnam from 4 April 1968 to 29 March 1969. His highest grade attained was sergeant, E-5.
3. The applicant provided an award certificate, dated 3 October 1969, with a citation which shows the ARCOM was awarded to him for meritorious service from 14 May 1969 to 3 October 1969. There are no orders available which show the ARCOM was awarded to the applicant.
4. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the ARCOM.
5. A review of the Awards and Decorations Computer-Assisted Retrieval System, 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, failed to reveal any orders for the ARCOM pertaining to the applicant.
6. The applicant was released from active duty on 3 October 1969. His DD Form 214 does not show the ARCOM as an authorized award.
7. 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.
DISCUSSION AND CONCLUSIONS:
Although the applicant provides an award certificate and citation for the ARCOM, absent orders authorizing him award of the ARCOM, these documents alone are not sufficient to support correction of his records to show award of the ARCOM.
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) AR20090014171
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090014171
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140015598
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal (AM) and the Army Commendation Medal (ARCOM) (2nd Award). Records show he participated in four campaigns during his service in the RVN. In the absence of corroborating evidence in his official military personnel file or in ADCARS that shows orders were issued awarding him the AM or the ARCOM (2nd Award), he is not entitled to have his...
ARMY | BCMR | CY2009 | 20090000262
The applicants DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit. Army Regulation 672-5-1 (Awards), in effect at the time of the applicant's separation, provided that the Good Conduct Medal was awarded to individuals who distinguished themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. As a result, the Board...
ARMY | BCMR | CY2014 | 20140017988
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect award of the Army Commendation Medal (ARCOM) with "V" Device and the Purple Heart (PH) (3rd Award). The applicant provided a PH (3rd Award) Certificate that shows he was wounded in action in Vietnam on 11 August 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting...
ARMY | BCMR | CY2014 | 20140012147
A review of the applicant's military personnel records failed to show any evidence that he was awarded or authorized the AM, ARCOM for meritorious service (or meritorious achievement), or the Expert Marksmanship Qualification Badge with Rifle (M-14) Bar. The applicant's military personnel records fail to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award). As a result, the Board...
ARMY | BCMR | CY2014 | 20140002737
There is no evidence in his military records that shows he was recommended for or awarded a second ARCOM. In the absence of orders or any other evidence indicating he was awarded the second award of the ARCOM, the NPRC letter he provided is insufficient evidence on which to base correction his DD Form 214 to show two awards of the ARCOM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the Vietnam Service Medal...
ARMY | BCMR | CY2009 | 20090014574
The applicant provided a copy of his certificate and citation dated 6 June 1969 awarding him the ARCOM for meritorious service from 3 July 1968 to 22 June 1969. DISCUSSION AND CONCLUSIONS: Although the applicant provided the certificate and citation for award of the ARCOM, there are no orders in the available records and the applicant did not provide any orders that show he was awarded this medal. Therefore, in the absence of such evidence, there is an insufficient basis on which to add...
ARMY | BCMR | CY2014 | 20140013637
The applicant provides: * DD Form 214, ending date of 17 June 1969 * ARCOM Certificate, dated 23 August 1969 * social security card * ARCOM Citation * Department of the Army General Orders (DAGO) Number 616, dated 13 August 1969 CONSIDERATION OF EVIDENCE: 1. Although a review of the applicant's record shows that the wrong SSN was listed on the orders awarding him an ARCOM, his record also shows that he was released from active duty service on 17 June 1969, and did not receive his ARCOM...
ARMY | BCMR | CY2008 | 20080015357
The applicant was awarded two ARCOMs. The applicants records contain orders awarding him the CIB. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the ARCOM, AM, and VSM; and b. adding the ARCOM with Oak Leaf Cluster, AM (3rd Award), VSM with silver service star, and CIB.
ARMY | BCMR | CY2009 | 20090013984
IN THE CASE OF: BOARD DATE: 11 March 2010 DOCKET NUMBER: AR20090013984 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. 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...
ARMY | BCMR | CY2014 | 20140011222
The Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. The evidence of record shows: a. GOs awarded the applicant the * ARCOM for meritorious service * ARCOM (1st OLC) for meritorious achievement b. the applicant qualified for award of the VSM and he participated in four campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the...