IN THE CASE OF:
BOARD DATE: 15 June 2010
DOCKET NUMBER: AR20090020050
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 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Army Commendation Medal (ARCOM).
2. The applicant states:
* He was awarded the ARCOM in 1968 for valor and sacrifice while serving in Vietnam
* He was a member of Company C, 124th Signal Battalion, 4th Infantry Division
* He is applying for a Post Traumatic Stress Disorder disability rating from the Department of Veterans Affairs and he needs evidence of the award for his claim
* The award is not included on his DD Form 214 or anywhere in his personal records
* Please find the record showing he was awarded the ARCOM so it can be added to his official file as soon as possible
3. The applicant provides an undated, handwritten note addressed "To whom it may concern" and a copy of his DD Form 214.
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 on 12 March 1968. He completed training as a power plant operator/mechanic. He arrived in Vietnam on 24 August 1968.
3. On 14 October 1969, the applicant returned to the Continental United States and he was honorably released from active duty as an overseas returnee.
4. The DD Form 214 he was issued shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge (Rifle M-14 and M-16)
* Two Overseas Service Bars
5. The applicant's records do not contain orders awarding him the ARCOM.
6. 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 Brand of the U.S. Army Human Resources Command, failed to reveal any orders awarding him the ARCOM.
7. Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal 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:
1. A review of the available records does not show the applicant was ever awarded the ARCOM and the applicant has provided no evidence to show he was awarded the ARCOM. Therefore, there is insufficient evidence to correct his
DD Form 214 to show award of the ARCOM.
2. All personal decorations require formal recommendations, approval through the chain of command, and announcement in orders.
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) AR20090020050
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090020050
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100023281
IN THE CASE OF: BOARD DATE: 15 March 2011 DOCKET NUMBER: AR20100023281 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states he has certificates for the AM and ARCOM, but they are not recorded in his military record. ___________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.
ARMY | BCMR | CY2014 | 20140021310
However, he provided a BSM Certificate, dated 21 October 1968, which shows he was awarded the BSM for meritorious achievement during the period 2 December 1967 to 2 August 1968 in Vietnam. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than 6 months of service but: * were wounded as a result of hostile action * were captured by hostile forces but later escaped or were rescued or...
ARMY | BCMR | CY2010 | 20100010872
The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal (BSM), Republic of Vietnam Campaign Medal with Device (1960) instead of the Vietnam Campaign Medal, two awards of the Overseas Service Bar, Good Conduct Medal, Meritorious Unit Commendation (MUC), and Army Commendation Medal (ARCOM). The applicant states: * He was awarded the BSM, Republic of Vietnam Campaign Medal with Device (1960), two awards of the...
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 | CY2013 | 20130006295
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 19 December 1971 to show the Army Commendation Medal (ARCOM) (2nd Award). His records show he was awarded the VSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (1st Award) for the period 23 May 1968 through 22 May 1971; b. deleting the VSM from his DD...
ARMY | BCMR | CY2005 | 20050017114C070206
William F. Crain | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the award of the Army Commendation Medal (ARCOM). The applicant's records show that he was awarded the Vietnam Service Medal.
ARMY | BCMR | CY2013 | 20130011479
Therefore, it would be appropriate to award him the ACGM (1st Award) for the period 27 February 1967 through 26 February 1969 and to add this award to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (1st Award) for the period 27 February 1967 through 26 February 1969; b. deleting the ARCOM and VSM from his DD Form 214; c. adding to his DD Form 214 the following awards: * AGCM...
ARMY | BCMR | CY2013 | 20130017303
The applicant provides: * Award certificates for the BSM and two awards of the ARCOM * DD Form 214 CONSIDERATION OF EVIDENCE: 1. There are no orders for award of the BSM or ARCOM in the available records; his DA Form 20 (Enlisted Qualification Record) does not show them as authorized awards; and 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 U.S. Army Human Resources...
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 | CY2011 | 20110018262
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 Bronze Star Medal (BSM) and the Army Commendation Medal (ARCOM) with "V" Device. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. Deleting from his DD Form 214 the Army Commendation Medal and the Vietnam...