IN THE CASE OF:
BOARD DATE: 13 May 2010
DOCKET NUMBER: AR20090019369
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 his records be corrected to reflect award of the Army Commendation Medal (ARCOM), driver's award, and his unit citation.
2. The applicant states he was awarded the ARCOM, a driver's award, and a unit citation; however, he departed Vietnam before they could be entered on his records.
3. The applicant provides no additional documents with 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 was inducted into the Army of the United States on 26 September 1967. He completed his training at Fort Hood, Texas, and was transferred to Vietnam on 16 October 1968 for assignment to Battery A, 2d Battalion, 35th Artillery Group. He was advanced to the pay grade of E-4 on 22 February 1969.
3. He departed Vietnam on 15 October 1969 and he was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) on 17 October 1969 as an overseas returnee. He had served 1 year, 11 months, and 25 days of total active service and he had 27 days of lost time due to being absent without leave (AWOL). His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, and the Vietnam Service Medal (VSM).
4. A review of the applicant's official records as well as a search of the U.S. Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, failed to contain an order awarding the applicant the ARCOM. There is also no evidence of a driver's award in his records.
5. 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 pamphlet shows the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation. Additionally, the applicant participated in four campaigns in Vietnam.
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service medal for each credited campaign participation.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicant's claim that he was awarded the ARCOM and a driver's award is not in doubt, the applicant has failed to show in the form of orders and the evidence of record that he was, in fact, awarded these awards. Accordingly, there appears to be no basis to add these awards to his records at this time.
2. However, the evidence of record does show he is entitled to award of the RVNGC with Palm Unit Citation and four bronze service stars to be worn on his already-awarded VSM and to have them added to his records as well.
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 RVNGC with Palm Unit Citation and four bronze service stars to be worn on his already-awarded VSM and by providing him a document to show these corrections.
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 adding an ARCOM and a driver's award to his records.
3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20090019369
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090019369
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090010050
His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, the Army Commendation Medal (ARCOM), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. The evidence of record shows that the applicant was awarded the AM (second through ninth award) on 9 November 1970. As a result, the...
ARMY | BCMR | CY2010 | 20100012463
The applicant requests that his records be corrected to reflect that he was awarded the Army Commendation Medal (ARCOM) with "V" Device. Army Regulation 600-8-22 (Military Awards) states 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, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2010 | 20100021818
The applicant requests that his award of the Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He had served 1 year, 8 months, and 4 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), and the Vietnam Campaign Medal. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2006 | 20060000307C070205
John Heck | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record clearly shows that the applicant sustained shrapnel wounds in Vietnam and that he was treated by medical personnel at the time; however, it appears that an administrative oversight resulted in his not being awarded the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2011 | 20110002121
The applicant states he was awarded the BSM and ARCOM for his service in Vietnam from November 1969 to May 1970. The applicant's record is void of any evidence showing he was ever recommended for or awarded the BSM or ARCOM. It states that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.
ARMY | BCMR | CY2012 | 20120003233
The applicant requests his record be corrected to show award of the Army Commendation Medal (ARCOM), Army Good Conduct Medal (AGCM), and Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation. The MPRJ is void of any documents or orders indicating he was ever recommended for or awarded the ARCOM by proper authority while serving on active duty. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the...
ARMY | BCMR | CY2009 | 20090020485
The applicant requests that his deceased father be awarded two Silver Stars and two additional awards of the Bronze Star Medal; however, there are no orders or other evidence in his Official Military Personnel File authorizing these awards. Department of the Army (DA) Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows that during his service with the Heavy Mortar Company of the 180th Infantry Regiment in Korea, this unit was awarded the Distinguished Unit...
ARMY | BCMR | CY2010 | 20100022567
The applicant requests that his award of the Army Commendation Medal (ARCOM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The DD Form 214 he was issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal (VSM), his marksmanship badges, and two overseas service bars. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2010 | 20100022873
The applicant requests that he be awarded the Army Good Conduct Medal (AGCM) and that his records be corrected to reflect award of the: * Vietnam Service Medal (VSM) with the appropriate number of bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with M-16, M-14 and grenade bars * Any other unit awards he is entitled 2. Army Regulation...
ARMY | BCMR | CY2006 | 20060012247
x The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his report of separation (DD Form 214) be corrected to reflect his rank as a SP4 and his award of the Army Commendation Medal (ARCOM). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was advanced to the rank and pay grade of SP4/E-4 on 30 January 1969, that he was awarded...