IN THE CASE OF:	  

		BOARD DATE:	  1 June 2010

		DOCKET NUMBER:  AR20090019627 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the medals and ribbons he earned during his service in the Republic of Vietnam (RVN), to include the Vietnam Service Medal (VSM) and the Army Commendation Medal (ARCOM).

2.  The applicant states after being discharged from the military he never had the opportunity to have the medals and ribbons added to his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and ARCOM award certificate.

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 record shows he was inducted into the Army of the United States on 13 October 1970.

3.  The applicant submitted an ARCOM award certificate for meritorious service in the RVN from 16 April 1971 to 15 April 1972, dated 1 February 1972.

4.  The applicant's DA Form 20 contains the following entries:

* Item 31 (Foreign Service ) shows he served in the RVN from 16 April 1971 through 22 February 1972
* Item 38 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company (HHC), 92nd Engineer Battalion, RVN, from 20 April 1971 through 22 February 1972
* Item 38 shows all "excellent" conduct and efficiency ratings throughout his service
* Item 41 (Awards and Decorations) shows the National Defense Service Medal (NDSM), VSM, and the RVN Campaign Medal with Device "1960."

5.  Special Orders Number 236, Headquarters 3rd BCT [Basic Combat Training] Brigade, USATC [U.S. Army Training Center], Infantry, Fort Ord, CA, dated
23 November 1970, shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-16 rifle.

6.  His record does not show any adverse or disciplinary actions taken against the applicant.

7.  The applicant's DD Form 214 shows he was honorably released from active duty on 23 February 1972 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the NDSM and the VSM.

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 Army Commendation Medal pertaining to the applicant.

9.  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 with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

11.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the following three campaigns:

* Vietnam Counteroffensive, Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July 1971 - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)

12.  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 unit to which the applicant was assigned, 92nd Engineer Battalion, was cited for award of the Meritorious Unit Commendation (MUC) for the period 1 July 1970 to 31 December 1971, by Department of the Army General Orders (DAGO) 5, dated 1973.

13.  DAGO 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to
28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

14. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This 

medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period
1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

DISCUSSION AND CONCLUSIONS:

1.  Absent orders awarding the applicant the ARCOM, his record cannot be corrected to show this award since an award certificate alone is not sufficient justification.  Therefore, there is insufficient evidence for granting this portion of the applicant's requested relief.

2.  The available evidence confirms that the applicant served in the Army from
13 October 1970 to 23 February 1972.  His records show that he received "excellent" conduct and efficiency ratings throughout his service.  There is also no evidence of any derogatory information that would have disqualified the 
applicant for the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st award) and to correct his DD Form 214 to show this award.

3.  Evidence of record shows the applicant participated in three campaigns during his service in the RVN.  Therefore, he is eligible for award of three bronze service stars for wear on his already-awarded VSM.

4.  Evidence of record shows that the applicant was awarded the RVN Campaign Medal with Device "1960," which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

5.  Special orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this weapon qualification.

6.  General orders awarded the applicant's unit the MUC during his assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

7.  General orders show all units in Vietnam were awarded the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

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 be corrected by:

	a.  deleting from item 24 of his DD Form 214 the VSM;

	b.  awarding him the Army Good Conduct Medal (1st award) for the period
13 October 1970 to 23 February 1972; and

   c.  adding to item 24 of his DD Form 214 the Army Good Conduct  Medal (1st award), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device "1960," Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M16).

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 correcting item 24 of the applicant's DD Form 214 to show award of the ARCOM.



      _______ _   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)                                         AR20090019627



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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