IN THE CASE OF:	  

		BOARD DATE:	  2 November 2010

		DOCKET NUMBER:  AR20100012463 


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 that he was awarded the Army Commendation Medal (ARCOM) with "V" Device.

2.  The applicant states that a couple of months after his release from active duty (REFRAD) he received orders indicating that he had been awarded a "V" Device for his ARCOM; however, after several home moves and 39 years he has been unable to locate the orders.

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 in Minneapolis, Minnesota, on 1 May 1969.  He completed his basic training at Fort Lewis, Washington, and his advanced individual training as a personnel specialist at Fort Ord, California, before being transferred to Vietnam on 22 January 1970 for assignment to Battery B, 5th Battalion, 42d Artillery Regiment, as a battery clerk and prime mover driver.  He was advanced to pay grade E-4 on 20 March 1970.

3.  He departed Vietnam on 12 December 1970 and was transferred to Oakland Army Base, California, where he was honorably REFRAD on 13 December 1970 as an overseas returnee.  He had served 1 year, 7 months, and 13 days of total active service and was awarded the National Defense Service Medal, Vietnam Service Medal (VSM), and Republic of Vietnam Campaign Medal.

4.  On 20 December 1970, General Orders Number 1350 issued by Headquarters, II Field Force Vietnam Artillery, awarded the applicant the ARCOM for meritorious service during the period January to December 1970.  This award is not reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

5.  A review of the applicant's official records and 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 produce orders that awarded the applicant the ARCOM with "V" Device.

6.  The applicant's records show he had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

7.  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.

8.  Army Regulation 600-8-22 states the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one "V" device may be worn on awards of these medals.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, established the criteria for award of the AGCM.  It stated that the AGCM was established by Executive Order 8809, dated 28 June 1941, (later amended by Executive Order 9323, dated 1943, and by Executive Order 10444, dated 10 April 1953) and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also stated that for the first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualified for award of the AGCM.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates the applicant's unit was awarded the Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to the unit.  Additionally, he participated in five campaigns while assigned to Vietnam and thus is entitled to be awarded one silver service star for wear on his already-awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was awarded the ARCOM with "V" Device was noted and found to lack merit.  The applicant was awarded the ARCOM for meritorious service and is authorized to have that award added to his records.  However, a "V" device is not authorized for the ARCOM when it is based on meritorious service.  Accordingly, there is no basis to add the "V" device to his award of the ARCOM.

2.  After carefully examining the applicant's record of service, it was determined that the applicant should have received the AGCM for his service from 1 May 1969 through 13 December 1970.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant's unit commander to disqualify him from receiving the award.

3.  Additionally, the applicant's unit was awarded the RVNGC with Palm Unit Citation and the RVNCAHM-FC Unit Citation.  Accordingly, he is entitled to these awards at this time as well as one silver service star for wear on his already-awarded VSM.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* awarding him the AGCM for the period 1 May 1969 to 13 December 1970 while serving in the rank of SP4
* adding the ARCOM, AGCM, RVNGC with Palm Unit Citation, 
RVNCAHM-FC Unit Citation, and one silver service star for wear on his already-awarded VSM to his DD Form 214

2.  The Board further determined 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 the "V" device to his award of the ARCOM.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him 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)                                         AR20100012463



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ABCMR Record of Proceedings (cont)                                         AR20100012463



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