IN THE CASE OF:	  

		BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100021107 


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 his Army Commendation Medal (ARCOM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was awarded the ARCOM after he was released from active duty.

3.  The applicant provides his DD Form 214; a letter, dated 19 November 1967; and an ARCOM Certificate.

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's military records show he was inducted into the Army of the United States on 18 January 1966; was awarded the military occupational specialty of lineman; served in Vietnam with Company A, 54th Signal Battalion, from 10 October 1966 to 19 October 1967; and was promoted to pay grade E-5.

3.  He was honorably released from active duty on 23 October 1967.  The DD Form 214 he was issued shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Marksman Marksmanship Qualification Badge with M-14 Rifle Bar.  

4.  In the letter provided by the applicant the adjutant of his unit stated, "Inclosed is the award of the I Field Force Vietnam Army Commendation Medal awarded to you in recognition of your performance of duty with the 54th Signal Battalion while in the Republic of Vietnam.  Although approval of the Army Commendation Medal was received too late for presentation prior to your departure, it is hoped that you will accept [it] with the gratitude of the 54th Signal Battalion and the U.S. Army for a job well done."

5.  The certificate provided by the applicant shows he was awarded the ARCOM for the period October 1966 to October 1967 and is dated 8 November 1967.

6.  The applicant was not awarded the Army Good Conduct Medal (AGCM) and there is no evidence he was disqualified for the AGCM.  His conduct and efficiency were rated "excellent" throughout his military service.

7.  Army Regulation 600-8-22 (Military Awards) provides that 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, distinguished himself 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.  A 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 Branch of the United States Army Human Resources Command, failed to reveal any orders awarding the applicant the ARCOM.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Meritorious Unit Commendation for the periods 1 July 1966 to 30 April 1967 and 1 May 1967 to 31 January 1968.  This pamphlet also shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  During the applicant's service in the RVN, campaign credit was awarded for the Counteroffensive Phase III (1 July 1966 through 29 January 1968).

10.  Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units assigned to U.S. Army Vietnam between 8 February 1962 and 28 March 1973.

11.  Army Regulation 600-8-22 also provides that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than "excellent" was disqualifying.  

DISCUSSION AND CONCLUSIONS:

1.  There are no orders awarding the applicant the ARCOM in his records or in ADCARS.

2.  He was released from active duty on 23 October 1967; the ARCOM Certificate indicates that it was awarded on 8 November 1967; and the letter from his unit's adjutant, dated 19 November 1967, states the letter was forwarding the ARCOM which was received too late for presentation.

3.  The timeline and nature of these documents show it is more likely than not that the applicant was awarded the ARCOM for his service in Vietnam.

4.  In addition, it would appear the applicant should have been awarded the AGCM.  His conduct and efficiency were always rated as "excellent," he was promoted to pay grade E-5, and he was awarded the ARCOM.  Therefore, it would be appropriate to add the AGCM to his DD Form 214.

5.  In addition, based on the applicant's service in Vietnam, he is entitled to one bronze service star to be worn on his already authorized Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.


BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  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 for the period 18 January 1966 to 23 October 1967 and

	b.  correcting his DD Form 214 to add the ARCOM, AGCM, Meritorious Unit Commendation (two awards), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one bronze service star to be affixed to his already-awarded Vietnam Service 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)                                         AR20100021107



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ABCMR Record of Proceedings (cont)                                         AR20100021107



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