IN THE CASE OF:	  

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100018100 


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, in effect, to be issued orders to show award of the "Army Military of Merit Medal" (taken to mean the Vietnam Military Merit Medal or the Army Commendation Medal (ARCOM)).

2.  He states he has the medal in his possession; however, he did not receive orders for the award.

3.  He provides a copy of the following documentation in support of his request:

* a card from the U.S. Army Support Center, Philadelphia, PA
* a letter from the National Personnel Records Center (NPRC), dated 7 June 2010
* two photographs depicting the front and back of an ARCOM

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.  His record shows he was inducted into the Army of the United States on 27 March 1967.  After completion of basic combat and advanced individual training, he was awarded military occupational specialty 72B (Communications Center Specialist).

3.  A copy of his DA Form 20 (Enlisted Qualification Record) shows he served a tour of duty in the Republic of Vietnam during the period 18 November 1967 through 28 October 1968.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned with the Nha Trang Signal Battalion in Vietnam and performed duties as a receiver operator.

5.  A copy of DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 31 October 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve service obligation.  He completed 1 year, 7 months, and 4 days of active service with no lost time.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded the Vietnam Military Merit Medal or the ARCOM.

7.  He provides a copy of a card from the U.S. Army Support Center in Philadelphia, PA, which states, "It is an honor for me to forward this decoration which is being sent to you by direction of The Adjutant General of the Army."  This card does not contain his name or the type of decoration sent.

8.  He also provides a copy of a letter from NPRC which shows he requested orders for the Vietnam Military Merit Medal.  NPRC indicated the award was not a matter of record and denied his request.

9.  The photographs he provides of an ARCOM show the words "For Military Merit" embossed on the reverse and his name inscribed.

10.  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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding him the Vietnam Military Merit Medal or the ARCOM.

11.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

12.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

13.  A brief history of the Vietnam Military Merit Medal obtained from the "My Military Medals" website shows it was created in August of 1950 by the Government of South Vietnam.  This medal was modeled after the U.S. Medal of Honor to be their highest military decoration during the years of the Vietnam War.  It was only available to enlisted personnel who had performed extreme acts of bravery or had given their lives in armed combat with enemy forces of South Vietnam.  The U.S. military authorized the Vietnam Military Merit Medal as a foreign decoration and permitted it to be worn on U.S. uniforms.  A high number of bestowals were made posthumously as the medal was most often awarded to enlisted personnel who had been killed in action fighting the forces of North Vietnam or the guerrilla forces of the Viet Cong.  The Vietnam Military Merit Medal was last issued to U.S. personnel in 1973 and was discontinued in 1975.

DISCUSSION AND CONCLUSIONS:

1.  A review of his records and the available evidence failed to reveal any orders issued for award of the Vietnam Military Merit Medal or the ARCOM.

2.  While the available evidence is insufficient for awarding him the ARCOM, this in no way affects his right to pursue his claim for this award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

3.  In view of the foregoing, there is no basis to grant the requested relief.

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 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)                                         AR20100018100



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100018100



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1