IN THE CASE OF:	

		BOARD DATE:	  15 December 2011

		DOCKET NUMBER:  AR20110010015 


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 he was awarded the Army Commendation Medal (ARCOM).

2.  He states his ARCOM was not included in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214. 

3.  He provides:

* An ARCOM Award Certificate
* His DD Form 214

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 records show he was inducted into the Army of the United States on
13 December 1967.  After completion of training, he served in military occupational specialty 81A (General Draftsman).  

3.  His DA Form 20 (Enlisted Qualification Record) shows:

   a.  Item 31 (Foreign Service) – he served in Vietnam from December 1968 to December 1969.

   b.  Item 38 (Record of Assignments) – he was assigned to the following units during his tour in Vietnam.

	(1)  Company B, 123rd Aviation Battalion from 10 to 23 January 1969.

		(2)  Headquarters and Headquarters Company (HHC), 16th Combat Aviation Group from 24 January through 3 December 1969.

c.  Item 41 (Awards and Decorations) does not contain the ARCOM. 

4.  On 4 December 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve (Annual Training) for completion of his Reserve service obligation.  Item 24 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal (VSM) 
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)

5.  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, contains General Orders Number 11755, dated 
14 November 1969, which shows he was awarded the ARCOM for meritorious service from December 1968 to December 1969.

6.  A review of his records indicates entitlement to additional awards which are not shown on his DD Form 214.

7.  His record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal (AGCM).  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military career.  His record is void of any derogatory information that could serve to disqualify him for this award.

8.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years, except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows during the period of his assignments with:

   a.  Company B, 123rd Aviation Battalion from 10 to 23 January 1969 his unit was awarded the RVN Gallantry Cross with Palm Unit Citation by Department of the Army, General Orders Number 2 (1971); and
   
   b.  HHC, 16th Combat Aviation Group from 24 January through 3 December 1969 his unit was awarded the Valorous Unit Award (VUA) by Department of the Army, General Orders Number 43 (1972) and the RVN Gallantry Cross with Palm Unit Citation by Department of the Army, General Orders Number 42 (1972).
   
10.  Department of the Army Pamphlet 672-3 also lists campaign periods for the Vietnam era.  Four designated campaigns coincide with his period of service in Vietnam:

* Vietnam Counteroffensive, Phase VI, 2 November 1968—22 February 1969 
* TET 69 Counteroffensive, 23 February 1969—8 June 1969
* Vietnam Summer-Fall 1969, 9 June 1969—31 October 1969 
* Vietnam Winter-Spring 1970, 1 November 1969—30 April 1970

11.  Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the ARCOM; therefore, he is entitled to have this award added to his DD Form 214.  


2.  The evidence of record confirms he served honorably during the period 
13 December 1967 through 4 December 1969.  He received all "excellent" conduct and efficiency ratings throughout his military service.  Based on his overall record of service, it would be appropriate to award him the first award of the AGCM and correct his DD Form 214 to reflect this award.

3.  During the applicant’s tour of duty in Vietnam general orders awarded HHC, 16th Combat Aviation Group the VUA and the RVN Gallantry Cross with Palm Unit Citation.  Company B, 123rd Aviation Battalion was also awarded the RVN Gallantry Cross with Palm Unit Citation when he was assigned to the unit.  Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards.

4.  He was previously awarded the VSM.  His records show he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to wear four bronze service stars on his VSM.

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 (1st Award) for the period 13 December 1967 through 4 December 1969;

b.  deleting the VSM from item 24 of his DD Form 214; and 






c.  adding the following to item 214 of his DD Form 214:

* ARCOM
* AGCM (1st Award)
* VUA
* Two awards of the RVN Gallantry Cross with Palm Unit Citation 
* VSM with four bronze service stars




      _______ _   __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)                                         AR20110010015



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ABCMR Record of Proceedings (cont)                                         AR20110010015



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