Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110013478
Original file (20110013478.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  22 December 2011

		DOCKET NUMBER:  AR20110013478 


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).

2.  The applicant states he was awarded the ARCOM on 8 March 1972, but it was not included on his DD Form 214.

3.  The applicant provides copies of his ARCOM Certificate and Citation.

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.  Evidence of Record and Background Information:

	a.  On 19 October 1970, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty 13B (Field Artillery).

	b.  On 30 June 1971, the applicant departed Fort Stewart, Georgia, for duty in the Republic of Vietnam (RVN).

	c.  On 6 August 1971, the applicant was assigned for duty as an assistant gunner with the 2nd Squadron, 11th Armored Cavalry Regiment.

	d.  The applicant returned to the United States on or about 11 March 1972.

	e.  On 17 March 1972, the applicant was released from active duty.  He had attained the rank of specialist four/pay grade E-4 and completed 1 year, 4 months, and 29 days of creditable active duty service.

	f.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Campaign Medal with Device (1960).

   g.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the same awards listed on his DD Form 214.

3.  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 U.S. Army Human Resources Command.

4.  Army Regulation 600-8-22 (Military Awards) states 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 are required.

5.  The citation and certificate provided by the applicant indicate he was awarded the ARCOM for outstanding meritorious service in support of operations against communist aggression during the period from August 1971 to March 1972.  Neither document identifies the orders authorizing this medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the ARCOM.

2.  There are no available orders showing the applicant was awarded the ARCOM.  Neither the certificate nor the citation provided by the applicant is sufficient evidence by itself upon which to base a correction of his records.

3.  In view of the above, the applicant's request should be denied.

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)                                         AR20110013478



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110013478



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120020830

    Original file (20120020830.txt) Auto-classification: Approved

    The applicant provided a Bronze Star Medal Citation indicating he was awarded the Bronze Star Medal for outstanding meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period 10 March 1971 to 9 March 1972. ADCARS did reveal orders awarding him the Army Commendation Medal for meritorious service in the Republic of Vietnam during the same period as shown on the Bronze Star Medal Certificate and Citation the applicant...

  • ARMY | BCMR | CY2013 | 20130017866

    Original file (20130017866.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. There are no orders or other corroborating evidence in...

  • ARMY | BCMR | CY2011 | 20110010053

    Original file (20110010053.txt) Auto-classification: Approved

    There is no evidence in his military records showing he was awarded the BSM. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * National Defense Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Vietnam Service Medal * Combat Infantryman Badge * RVN Campaign Medal * one Overseas Service Bar 8. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an...

  • ARMY | BCMR | CY2010 | 20100023356

    Original file (20100023356.txt) Auto-classification: Approved

    Accordingly, it would be appropriate to award him the PH for wounds received in action on 14 November 1969 and to correct his DD Form 214 to show this award. However, while the evidence of record corroborates the applicant being wounded in action in the RVN once, there is no evidence of record and the applicant did not provide any evidence confirming a second wounding. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....

  • ARMY | BCMR | CY2009 | 20090019627

    Original file (20090019627.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the medals and ribbons he earned during his service in the Republic of Vietnam (RVN), to include the Vietnam Service Medal (VSM) and the Army Commendation Medal (ARCOM). Evidence of record shows that the applicant was awarded the RVN Campaign Medal with Device "1960," which is not shown on his DD Form 214. As a result, the Board recommends that all Department of the Army...

  • ARMY | BCMR | CY2009 | 20090010278

    Original file (20090010278.txt) Auto-classification: Approved

    The applicant provides his DD Form 214; a letter dated 16 April 1972, Subject: Promotion Merit Roster to Grade E-5 and E-6; a Bronze Star Medal (BSM) with "V" Device Citation which states the decoration was awarded "For distinguishing himself by exceptionally meritorious achievement in connection with ground operations against a hostile force in the Republic of Vietnam during the period 6 February 1972; a BSM Certificate which states that the BSM with "V" Device was awarded to the applicant...

  • ARMY | BCMR | CY2013 | 20130001755

    Original file (20130001755.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to enlisted Soldiers who had completed a qualified period of active duty enlisted service. He provided and his record contains an award certificate which shows he was awarded the ARCOM during his period of service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct...

  • ARMY | BCMR | CY2010 | 20100015244

    Original file (20100015244.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Infantryman Badge, Air Medal, Army Commendation Medal, Parachutist Badge, and any other awards he may have earned during his active duty service. Orders show he was awarded the Combat Infantryman Badge. There is no evidence in his available records that shows he was awarded or recommended for the Air Medal, the Army Commendation Medal or the...

  • ARMY | BCMR | CY2011 | 20110008738

    Original file (20110008738.txt) Auto-classification: Approved

    His record contains orders showing he was awarded the AM (2nd through 5th Award). His records show he participated in three campaigns while serving in Vietnam. 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 (First Award) for the period 8 February 1971 through 7 February 1974; b. deleting the VSM with one bronze service star from his DD Form 214; and c. adding the following to his DD Form 214: *...

  • ARMY | BCMR | CY2010 | 20100022171

    Original file (20100022171.txt) Auto-classification: Denied

    The applicant's Official Military Personnel File (OMPF) is void of any orders or documents that indicate he was ever recommended for or awarded the BSM while serving in Vietnam or at any other time during his military service. There are no available general orders showing the applicant was awarded the BSM by the appropriate award authority. The applicant's DA Form 20 documents the BSM and ARCOM on the same entry; however, the BSM is lined through.