IN THE CASE OF:
BOARD DATE: 3 April 2012
DOCKET NUMBER: AR20110018559
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:
a. award of the Army Commendation Medal (ARCOM); and
b. issuance of the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal (correctly known as the Republic of Vietnam Campaign Medal with Device (1960)).
2. The applicant states:
* He was assigned to Company A, 227th Aviation Battalion, 1st Air Cavalry in Vietnam
* He never received the above mentioned medals
3. The applicant provides:
* Letter, dated 13 May 2011, from the Department of Veterans Affairs
* 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 16 October 1967 for a period of 2 years. He completed his training and was awarded military occupational specialty 94B (cook). His DA Form 20 (Enlisted Qualification Record) shows he served as a cook assigned to Headquarters and Headquarters Company and Company D, 227th Aviation Battalion, 1st Air Cavalry Division in Vietnam. On 10 October 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. His DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
4. There are no orders for the ARCOM in the available records.
5. Item 41 (Awards and Decorations) of his DA Form 20 does not show entitlement to the ARCOM.
6. 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 for award of the ARCOM.
7. Army Regulation 600-8-22 (Military Awards) states 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, 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.
DISCUSSION AND CONCLUSIONS:
1. There are no orders for the ARCOM in the available records, or ADCARS, and the applicant did not provide any orders for the ARCOM. Therefore, there is insufficient evidence on which to add this medal to his DD Form 214.
2. The applicant contends he never received the medals shown on his DD Form 214. However, the ABCMR does not issue medals. The applicant may receive the awards shown on his DD Form 214 by submitting a request via a letter or the Standard Form (SF) 180 (Request Pertaining to Military Records) to the following address: National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Avenue, St. Louis, Missouri 63132-5100. Requests must include a copy of the DD Form 214 and any other supporting documentation to substantiate the request. The SF 180 can be found at http://www.archives.gov.
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 that 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) AR20110018559
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ABCMR Record of Proceedings (cont) AR20110018559
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