IN THE CASE OF:	  

		BOARD DATE:  13 September 2012

		DOCKET NUMBER:  AR20120005274 


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 award of the:

* Army Commendation Medal (ARCOM)
* Meritorious Unit Commendation 
* Tet Campaign Commemorative Medal

2.  He states he did not receive the ARCOM for his service in Vietnam when he was eligible.  He maintains that he was not notified when to go to the parade ground. 

3.  The applicant provides General Orders Number 750, dated 25 March 1970 and Congressional correspondence. 

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 enlisted in the Regular Army on 15 February 1966.  He served in the Republic of Vietnam from 31 January 1967 to 6 March 1968 and was assigned to Company D, 39th Engineer Battalion.  He served 3 years and was honorably released from active duty on 14 February 1969.

3.  His DD Form 214 shows the following:

* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 

4.  There are no orders in his military personnel record that show he was awarded the ARCOM.  Additionally, the ARCOM is not listed on his DA Form 20 (Enlisted Qualification Record).

5.  The Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973 was reviewed; however, this review failed to show any orders were published authorizing award of the ARCOM to the applicant.

6.  Headquarters, United States Army Vietnam, General Orders Number 750, dated 25 March 1970, show Company D, 39th Engineer Battalion, was cited for the award of the Meritorious Unit Commendation for the period 1 January 1966 to 20 January 1968.

7.  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 confirms the 39th Engineer Battalion, during the period the applicant was assigned, was cited for the award of the Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 46, dated 1969.  This pamphlet also 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 DAGO Number 8, dated 1974.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the VSM for participation in each campaign.  His records indicate he participated in the following campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)

9.  Army Regulation 600-8-22 provides that 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, 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.

10.  Title 10, U.S. Code, section 1130, provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  It allows that upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award or presentation of a decoration (or the upgrading of a decoration), either for an individual or a unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy for the timely submission of a recommendation for such award or presentation.  Based upon such review, the Secretary shall make a determination as to the merits of approving the award or presentation of the decoration.

11.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander, U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

12.  Most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and as a result, they may not be shown on a discharge document.

DISCUSSION AND CONCLUSIONS:

1.  While the available evidence is insufficient for award of the ARCOM, this in no way affects his right to pursue his claim for the this award by submitting a request through his Member of Congress under the provisions of Title 10, U.S. Code, section 1130.

2.  He contends his DD Form 214 should be corrected to show the Tet Campaign Commemorative Medal.  However, the governing regulation does not authorize entry of commemorative medals on the DD Form 214.  Therefore, he is not entitled to have his records corrected to show this award.

3.  General orders verify he is entitled to wear the Meritorious Unit Commendation.  Orders also show he is entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show these unit awards.

4.  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 to be worn on his already-awarded VSM.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X __  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting from his DD Form 214 the VSM and

   b.  adding to his DD Form 214 the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Service Medal with three bronze service stars.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the ARCOM and the Tet Campaign Commemorative Medal.
      
      
      
      __________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)                                         AR20120005274





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ABCMR Record of Proceedings (cont)                                         AR20120005274



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