IN THE CASE OF:	  

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100020241 


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 award of the Army Commendation Medal (ARCOM), Army Good Conduct Medal (AGCM), and to show his last assignment as with the 36th Evacuation Hospital.

2.  The applicant states:

	a.  the ARCOM was inadvertently omitted from his DD Form 214;

	b.  he should have been awarded the AGCM; and

	c.  his last unit of assignment is incorrectly entered on his DD Form 214.

3.  The applicant provides copies of his DD Form 214, orders for award of the AGCM, and a certificate and citation for award of the 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.  On 14 November 1966, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty (MOS) 71B (Clerk Typist).

3.  Special Orders Number 6, 2nd Training Brigade, Fort Gordon, Georgia, dated 13 January 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  On 16 August 1967, the applicant departed Fort Gordon, Georgia, for duty in the Republic of Vietnam.  On 20 September 1967, he was assigned for duty as a clerk typist with the 36th Evacuation Hospital.

5.  On or about 11 September 1968, the applicant returned to the United States.

6.  On 12 September 1968, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 
9 months and 29 days of creditable active duty service.

7.  The applicant's DD Form 214 indicates:

	a.  in item 12 (Last Duty Assignment and Major Command): 36th Engineer Hospital, U.S. Army Pacific; and

	b.  in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): the National Defense Service Medal, [Republic of] Vietnam Campaign Medal [with 1960 Device], and the Vietnam Service Medal.

8.  General Orders Number 91, 36th Evacuation Hospital, undated, awarded the applicant the AGCM for the period 14 November 1966 to 15 September 1968.

9.  The certificate and citation provided by the applicant states he was awarded the ARCOM for meritorious service during the period from September 1967 to September 1968.

10.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the ARCOM.   ADCARS is 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.

11.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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, 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 is required. 

	b.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; and the Vietnam Counteroffensive, Phase V.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his last assignment as with the 36th Evacuation Hospital and to show award of the ARCOM and the AGCM.

2.  There are no general orders showing the applicant was awarded the ARCOM.  The certificate and citation provided by the applicant are insufficient evidence by themselves upon which to base a correction of his records.  Should he have, or be able to obtain, a copy of the orders awarding him the ARCOM, or be able to provide other evidence to corroborate this award, he may submit another application for consideration.

3.  General orders show that the applicant was awarded the AGCM.  Therefore, his records should be corrected to show this award.

4.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal

5.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

6.  Special orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this badge.

7.  Records show that the applicant's last unit of assignment was with the 36th Evacuation Hospital, U.S. Army Pacific.  Therefore, his records should be corrected to show this unit of assignment.

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:

	a.  deleting from item 12 of his DD Form 214: 36TH ENGR HOSP USARPAC;

	b.  adding in item 12 of his DD Form 214: 36th Evacuation Hospital - U.S. Army Pacific;

	c.  showing in item 24 of his DD Form 214 that his awards include, in addition to the awards already shown, the Army Good Conduct Medal, four bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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 award of the Army Commendation Medal.




      _______ _   _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)                                         AR20100020241



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ABCMR Record of Proceedings (cont)                                         AR20100020241



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