IN THE CASE OF:	  

		BOARD DATE:	    19 April 2012

		DOCKET NUMBER:  AR20110018642 


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).  He further requests that he be reissued the medal and certificate for the ARCOM.

2.  The applicant states he was awarded the ARCOM after his separation from active duty.  The certificate and medal were destroyed in a fire.

3.  The applicant provides no additional evidence.

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.  Service medals and awards are not issued by the Army Board for Correction of Military Records (ABCMR).  However, the applicant may obtain his medals by submitting his request in writing to: National Personnel Records Center, ATTN: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri 63132-5200. This issue will not be further addressed in this Record of Proceedings.

3.  Evidence of record and background information:

	a.  On 29 May 1967, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty 76W (Petroleum Storage Specialist).

	b.  On 22 September 1967, the applicant departed Fort Dix, New Jersey for duty in the Republic of Vietnam (RVN).

	c.  On 16 October 1967, the applicant was assigned for duty with 512th Quartermaster Company.  He served with this unit until 8 October 1968, when he returned to the U.S. for duty at Fort Benning, Georgia.

	d.  On 17 September 1969, he departed Fort Benning for another tour of duty in the RVN.

	e.  On 27 October 1969, he was assigned to the 155th Aviation Company. He remained with this unit until 18 April 1970, when he returned to the U.S.

	f.  On 20 April 1970, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 2 years, 10 months, and 22 days of creditable active duty service.

4.  The applicant's DD Form 214 lists his awards as:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Vietnam Campaign Medal

5.  A review of the applicant's military records failed to reveal any orders or certificate for award of the ARCOM.

6.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), revealed that General Orders Number 2613, 1st Aviation Brigade, dated 23 April 1970, awarded the applicant the ARCOM for meritorious service during the period from 22 May 1969 to 14 May 1970.  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.

7.  The applicant's DA Form 20 shows in Item 38 (Record of Assignments) that his conduct and efficiency ratings were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal.

8.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the RVN, he participated in the following six campaign periods: the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; the Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 155th Aviation Company, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 6, dated in 1974 for award of the RVN Gallantry Cross with Palm Unit Citation.

10.  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.  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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the ARCOM.  He further requests that he be reissued a certificate for the ARCOM.
2.  The evidence of record clearly shows that the applicant was awarded the ARCOM while a member of the 155th Aviation Company in the RVN.  Therefore, this award should be shown on his DD Form 214.

3.  The applicant has requested to be reissued a certificate showing he was awarded the ARCOM.  Unfortunately, his records do not contain any copies of the original certificate or citation making it impossible to recreate an exact copy of it.  However, it would be appropriate to issue him a current version of the certificate for award of the ARCOM that simply shows his unit as the 155th Aviation Company and his dates of service from 22 May 1969 to 14 May 1970.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four, receiving a personal decoration (ARCOM), and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

5.  Records show that the applicant participated in six campaign periods during his service in the RVN.  Therefore, he is eligible for award of a silver service star and a bronze service star to be affixed to his already-awarded Vietnam Service Medal.

6.  Records show that 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.

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 Army Good Conduct Medal (1st Award) for the period
29 May 1967 to 20 April 1970;

	b.  issuing him a certificate for award of the Army Commendation Medal showing his unit as the 155th Aviation Company and dates of service for the award as 22 May 1969 to 14 May 1970;

	c.  deleting from his DD Form 214 the Vietnam Service Medal; and

	d.  adding to his DD Form 214 the:

* Army Commendation Medal
* Army Good Conduct Medal
* Vietnam Service Medal with one silver service star and one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation



      _______ _  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)                                         AR20110018642





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ABCMR Record of Proceedings (cont)                                         AR20110018642



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