IN THE CASE OF:	  

		BOARD DATE:	  24 February 2011

		DOCKET NUMBER:  AR20100016186 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his awards of the Army Commendation Medal (ARCOM) with “V” Device and oak leaf cluster (OLC), the Purple Heart and the Air Medal.

2.  The applicant states, in effect, that he was awarded those awards and they were omitted from his DD Form 214. 

3.  The applicant provides:
* A two page letter explaining his application
* A copy of orders awarding him the Purple Heart
* A copy of orders awarding him the ARCOM w/”V” Device

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 enlisted in the Regular Army on 21 February 1968 for a period of 2 years under the Infantry Officer Candidate School (OCS) enlistment option.  He completed his training at Fort Dix, New Jersey and was transferred to Fort Benning, Georgia to undergo OCS training.

3.  He was honorably discharged on 19 December 1968 to accept a commission as an infantry second lieutenant.  He was commissioned on 20 December 1968.

4.  On 2 November 1969 he was transferred to Vietnam and was assigned to the Military Assistance Command Vietnam (MACV) for duty as an assistant advisor on Military Assistance Team #86.  He was promoted to the rank of first lieutenant on 20 December 1969.

5.  He served in three campaigns and departed Vietnam on 26 October 1970.  He was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 6 November 1970 and was transferred to the United States Army Reserve Control Group (Annual Training).  He had served 2 years, 8 months and 16 days of 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), the Vietnam Campaign Medal, the Bronze Star Medal with “V” Device and the CIB.

6.  The applicant has provided orders showing that he was awarded the Purple Heart and the ARCOM with “V” Device.

7.  A review of the applicant’s official records and a search 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 award of the ARCOM for meritorious service or the Air Medal.

8.  Army Pamphlet 672-3 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 Meritorious Unit Citation (MUC) and the RVN Gallantry Cross with Palm Unit Citation and the MUC during the period he was assigned to the unit.

9.  Army Regulation 600-8-22 (Military Awards) provides for the wear of a bronze service star on the appropriate service medal, to include the Vietnam Service Medal, for each credited campaign participation.

10.  Army Regulation 600-8-22 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. 

11.  Army Regulation 600-8-22 (Military Awards) states the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units
involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided orders which show that he was awarded the ARCOM w/ “V” Device and the Purple Heart.  Accordingly, he is entitled to have those awards added at this time. 

2.  While the sincerity of the applicant’s claim that he was awarded the ARCOM for meritorious service and the Air Medal is not in doubt, he has failed to show through the evidence submitted with his application and the evidence of record sufficient evidence to substantiate his claim.  Therefore, in the absence of evidence to substantiate his claim there appears to be no basis to add those awards at this time.

3. The applicant's unit in Vietnam was subsequently awarded the RVN Gallantry Cross with Palm Unit Citation and the MUC during the period he was assigned to the unit.  Accordingly, he is entitled to have those awards added to his records at this time.  He is also authorized to wear three bronze service stars on his Vietnam Service Medal.





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 his awards of the ARCOM w/ “V” Device, the Purple Heart, the RVNGC w/Palm Unit Citation and the MUC
* by deleting his award of the VSM
* by adding the award of the VSM with three bronze service stars  

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 the award of the ARCOM for meritorious service and the award of the Air Medal. 

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)                                         AR20100016186





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ABCMR Record of Proceedings (cont)                                         AR20100016186



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