IN THE CASE OF:	  

		BOARD DATE:	       27 MAY 2009

		DOCKET NUMBER:  AR20090001882 


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, that the Army Commendation Medal (ARCOM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that his ARCOM was mailed to him after he was separated from the Army and it is not included in the list of awards contained on his DD Form 214.  

3.  The applicant provides a self-authored statement, ARCOM certificate and citation, and his DD Form 214 in support of his application.

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.  The applicant’s record shows he was inducted into the Army of the United States and entered active duty on 25 April 1968.  He completed basic combat training and advanced individual training (AIT) at Fort Knox, Kentucky, and upon completion of AIT, he was awarded military occupational specialty 44B (Welder).

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that he served in the Republic of Vietnam (RVN) from 3 October 1969 to 2 April 1970.  Item 33 (Appointments and Reductions) shows he was promoted to specialist four (SP4), on 1 November 1969, and that this is the highest rank he attained while serving on active duty.  Item 38 (Record of Assignments) shows that 
during his RVN tour, he was assigned to the 536th Heavy Equipment Maintenance Company through 10 December 1969, and to the 526th Maintenance Company from 11 December 1969 through 31 March 1970.  It also shows he received "Excellent" conduct and efficiency ratings at all of his active duty assignments.  Item 41 (Awards and Decorations) shows he received the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM) and Expert Marksmanship Qualification Badge with Rifle Bar during his active duty tenure.  

4.  The applicant's Official Military Personnel File (OMPF) is void of any disciplinary history, derogatory information, or a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).  

5.  On 5 April 1970, the applicant was honorably released from active duty after completing 1 year, 11 months, and 11 days of active military service in the rank of SP4.  The DD Form 214 also shows he was awarded the NDSM, VSM, and RVN Campaign Medal.

6.  The applicant provides copies of an ARCOM certificate that was signed on 25 June 1970, and a citation, which shows he was awarded the ARCOM for meritorious achievement in connection with military operations against a hostile force in the RVN during the period 10 through 30 March 1970, while serving as a supply expeditor and truck driver with the 526th Maintenance Company during the relocation of the unit's tech supply activity.  

7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance on the VSM and stated, in pertinent part, that a bronze service star is authorized for wear with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows credit was granted for the Vietnam Summer-Fall 1969 and Vietnam Winter-Spring 1970 campaigns during the applicant's assignment in the RVN.  

8.  Paragraph 3-17 of the awards regulation contains guidance on award of the ARCOM.  It states, in pertinent part, that the ARCOM is 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.

9.  Chapter 4 of the awards regulation contains guidance on award of the AGCM. It states, in pertinent part, that the AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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, in which case a period of more than 1 year is a qualifying period.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  

10.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was awarded the ARCOM and it was mailed to his house after he was REFRAD was carefully considered and found to have merit.  Although an award would not normally be added to the DD Form 214 absent orders or a records entry confirming entitlement, the certificate and citation provided by the applicant seem to be valid and show the award was approved, on 25 June 1970, more than 60 days subsequent to the applicant's REFRAD.  Further, his record is void of a disciplinary history or any derogatory information that would have precluded approval of the ARCOM.  As a result, it is reasonable to conclude that the absence of orders in the OMPF and of a records entry regarding the ARCOM, and its omission of it from the DD Form 214, were due to the late approval of the award.  Therefore, it would be appropriate and serve the interest of equity to add the ARCOM to his record and DD Form 214 at this time. 

2.  The applicant's record confirms that he received "Excellent" conduct and 
efficiency ratings at all of his active duty assignments and his record is void 
of derogatory information or a unit commanders disqualification that would have precluded award of the AGCM.  As a result, it would also be appropriate 
to award the applicant the first award of the AGCM for his qualifying period of honorable active duty service from 25 April 1968 through 5 April 1970.  


3.  In addition, the record shows he earned the Expert Marksmanship Qualification Badge with Rifle Bar and that based on his RVN service and campaign participation, he is also eligible for the RVN Gallantry Cross with Palm Unit Citation and 2 bronze service stars to be worn with his already-awarded VSM.  Therefore, it would also be appropriate to add these awards to his DD Form 214 at this time.  

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 the individual the AGCM for his qualifying period of honorable active service from 25 April 1968 through 5 April 1970; 

   b.  deleting the current list of awards that are on the individual's DD Form 214 and replacing it with the following entry:  NDSM, ARCOM, AGCM, VSM with 
2 bronze service stars, Republic of Vietnam Campaign Medal with Device 1960, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Expert Marksman Marksmanship Qualification Badge with Rifle Bar; and 

   c.  providing him a correction to his DD Form 214 that includes these changes.  




      _______ _   __XXX_____   ___
               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)                                         AR20090001882



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ABCMR Record of Proceedings (cont)                                         AR20090001882


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