IN THE CASE OF:	  

		BOARD DATE:	    8 May 2012

		DOCKET NUMBER:  AR20110021460 


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 reconsideration of his request for award of the Army Commendation Medal (ARCOM).

2.  He states an officer gave him the ARCOM certificate and someone took the photograph of him and three other Soldiers.  He adds that they were out of medals and after the picture was taken, he had to give the medal back.

3.  He provides an original photograph and citation.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110004076 on 13 September 2011.

2.  The applicant was inducted into the Army of the United States on 13 February 1968.  He served in the Republic of Vietnam from 12 July 1968 to 1 June 1969 and was assigned to Company A, 19th Engineer Battalion.  He was honorably released from active duty on 12 February 1970.

3.  His original photograph and citation were not previously considered by the Board.  

4.  His military records contain a DA Form 428 (Application for Identification Card) with an attached photograph.  This photograph of him appears to match that of the sergeant (SGT) in the photograph who was receiving some type of award in formation. 

5.  The ARCOM citation submitted by the applicant indicates he was awarded the ARCOM for exceptional meritorious service in support of military operations during the period 18 July 1968 to 11 July 1969.  His grade at the time the citation was presented was listed as SGT.

6.  Item 24 of his DD Form 214 shows the following:  

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* One overseas bar

7.  There is no record of courts-martial or a commander's disqualification for award of the Army Good Conduct Medal (AGCM) contained in his records.  Additionally, his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.

8.  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, distinguished 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.

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, stated that the AGCM was awarded to individuals who completed a qualified 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.





10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units which served in the Vietnam War.  This pamphlet shows the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam between 20 July 1965 and 28 March 1973 by Department of the Army General Orders Number 8, dated 1974.

11.  Appendix B of Army Regulation 600-8-22 states a bronze service star will be awarded for wear on the VSM for participation in each campaign.  Based on his service in Vietnam, he is credited with participation in the following campaigns:

* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February 1969 - 8 June 1969)

DISCUSSION AND CONCLUSIONS:

1.  While there are no orders in the applicant’s available records awarding him the ARCOM, the photograph depicting him as a SGT receiving some type of an award in formation along with the original citation is sufficient evidence to justify his entitlement to this award.  Therefore, in the interest of justice, it would be appropriate to correct his DD Form 214 to show he was awarded the ARCOM.

2.  The evidence of record shows he received "excellent" conduct and efficiency ratings and he had no adverse actions or commander's disqualification for award of the AGCM.  Therefore, he is entitled to the first award of the AGCM for the period 13 February 1968 through 12 February 1970 and to correction of his DD Form 214 to show this award.

3.  The evidence of record shows he was assigned to a unit during the period the unit was cited in orders for the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this award.

4.  Additionally, the evidence shows he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show three bronze service stars for wear on his already-awarded 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 amendment of the ABCMR’s decision in Docket Number AR20110004076, dated 13 September 2011.  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 February 1968 through 12 February 1970;

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

	c.  adding the ARCOM, AGCM (1st Award), VSM with three bronze service stars, and the Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.



      __________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)                                         AR20110021460





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ABCMR Record of Proceedings (cont)                                         AR20110021460



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