IN THE CASE OF:	  

		BOARD DATE:	  10 June 2010

		DOCKET NUMBER:  AR20090017783 


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 the award of the Army Commendation Medal (ARCOM) with first oak leaf cluster and "V" device be added to his 9 March 1971 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the attached orders and citation show he received these awards.

3.  The applicant provides a copy of his DD Form 214, ARCOM certificate, and General Orders Number 198.

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 military records show he was inducted into the Army of the United States on 6 August 1969.  He served in the Republic of Vietnam from 6 January 1970 to 8 March 1971 and was assigned to the 442nd Transportation Company.  He was honorably released from active duty on 9 March 1971.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and one overseas service bar.

4.  The applicant provided a copy of his certificate that shows he was awarded the ARCOM with "V" device for heroism on 11 December 1970 in the Republic of Vietnam.  General Orders Number 197, dated 11 April 1971, contained in the applicant's records confirms this award.

5.  The applicant provided Headquarters, U.S. Army Support Command, General Orders Number 198, dated 11 April 1971, that amended General Orders Number 69 (undated) from award of the ARCOM to ARCOM (First Oak Leaf Cluster).

6.  There are no orders contained in the applicant's records that show he was awarded two ARCOMs.  Additionally, item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show award of the ARCOM.

7.  The Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, was reviewed.  However, this review failed to show General Orders Number 69 or any other orders published that authorized the applicant the ARCOM.

8.  Army Regulation 600-8-22 (Military Awards) provides that for each succeeding act or period of meritorious service or achievement that justifies the award of a decoration, an oak leaf cluster or numeral device will be awarded.

9.  A review of the applicant's DD Form 214 indicates that he is entitled to additional awards that are not shown on this form.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists unit awards received by units serving in Vietnam.  This pamphlet shows that during the period the applicant was assigned to the 442nd Transportation Company, the unit was cited for award of the Meritorious Unit Commendation (MUC) by Department of the Army General Orders Number 24, dated 1972.

11.  Department of the Army Pamphlet 672-3 shows the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, U.S. Army Vietnam, by Department of the Army General Orders Number 8, dated 1974.

12.  Appendix B of Army Regulation 600-8-22 lists Vietnam campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Based on his service in Vietnam he is credited with participation in the following campaigns:  Vietnam Winter-Spring 1970, Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase VII.

DISCUSSION AND CONCLUSIONS:

1.  Orders verify the applicant is entitled to correction of his records to show award of the ARCOM with "V" device.

2.  Although the applicant provided an order that amended his ARCOM to ARCOM (First Oak Leaf Cluster) his records do not contain the original order to show that he was awarded the ARCOM or a subsequent award of the ARCOM.  Further, the ARCOM is not listed on his DA Form 20 or DD Form 214.  Therefore, in the absence of documentation showing that the applicant was awarded two ARCOMs, there is an insufficient basis to grant relief.

3.  Facially, there is some indication that General Orders Number 69 were issued in error or may not have pertained to the applicant. 

4.  The applicant was awarded the ARCOM with "V" device on General Orders Number 197, dated 11 April 1971.  Since General Orders Number 198 were also dated 11 April 1971, General Orders Numbers 69 clearly pertain to an ARCOM awarded prior to the ARCOM with "V" device.  However, if General Orders 69 actually pertained to the applicant, then it would have been reasonable for General Orders Number 197 to have been amended at the same time to have them read ARCOM (with "V" device and with Second Oak Leaf Cluster).  

However, there is no evidence that General Orders Number 197 were so amended, and the applicant does not contend that he was awarded three ARCOMs.

5.  The evidence of record shows that the applicant is entitled to the award of the MUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

6.  The evidence also shows the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show award of three bronze service stars to be worn on his already-awarded Vietnam Service Medal.

BOARD VOTE:

____X___  ___X ___  ____X___  GRANT FULL RELIEF 

________  ________  _______    GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board determined that while there appears to have been an error in the preparation of General Orders Number 198 the error should be resolved in favor of the applicant.

2.  The Board determined it was just as reasonable to believe that instead of amending General Orders Number 69, General Orders Number 198 meant to amend General Orders Number 197 to read Army Commendation Medal with "V" Device and with First Oak Leaf Cluster.  In any case, the Board believed that the applicant was awarded two Army Commendation Medals.  

3.  Therefore, the Board determined that the evidence presented was sufficient to warrant a recommendation for full relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by  amending his DD Form 214 to add the ARCOM with "V" Device and with First 

Oak Leaf Cluster, the MUC, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is entitled to three bronze service stars affixed to his already-awarded Vietnam Service Medal.



      _________XXX_____________
                 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)                                         AR20090017783



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ABCMR Record of Proceedings (cont)                                         AR20090017783



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