IN THE CASE OF:	  

		BOARD DATE:  17 January 2013

		DOCKET NUMBER:  AR20120012588 


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) and Army Good Conduct Medal (AGCM).

2.  The applicant states he was recommended for the Bronze Star Medal (BSM) while serving in the Republic of Vietnam (RVN) which was downgraded to an ARCOM.  He states he was also mailed the AGCM years later.

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.  The applicant was inducted into the Army of the United States on 7 April 1971.  He was trained in and awarded military occupational specialty (MOS) 95B (Military Police (MP)).  He was advanced to specialist four/E-4 on 7 January 1972 and this is the highest rank he attained while serving on active duty.

3.  The applicant's record shows he served in the RVN from 26 August 1971 to 17 April 1972.  During his RVN service he was assigned to the 101st MP Company and performed duties in MOS 95B as a military policeman.  He received all "excellent" conduct and efficiency ratings throughout his service.

4.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any documents or a unit commander's disqualification that would have precluded him from being awarded the first award of the AGCM.

5.  The MPRJ is void of any documents or orders indicating he was ever recommended for or awarded the ARCOM by proper authority while serving on active duty.

6.  On 17 April 1972, the applicant was honorably released from active duty after completing 1 year and 11 days of active military service.  His DD Form 214 shows he was awarded or authorized the following awards:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* one overseas service bar
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the ARCOM pertaining to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance for the VSM.  It states a bronze service star is authorized 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 that during the applicant's tenure of assignment in the RVN, participation credit was granted for the following three campaigns for the periods indicated:

* Consolidation I (1 July-30 November 1971)
* Consolidation II (1 December 1971- 29 March 1972)
* Vietnam Cease-Fire (30 March 1972-28 January 1973)

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the RVN, his unit, the 101st MP Company, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 18 April to 31 August 1971 in Department of the Army General Orders Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add the ARCOM and AGCM to his DD Form 214 has been carefully considered and found to have partial merit.

2.  The evidence of record confirms the applicant received all "excellent" conduct and efficiency ratings throughout his service.  Further, his record is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the AGCM.  Therefore, it would be appropriate to award him the AGCM for the period 7 April 1971 through 17 April 1972 and to add this award to his DD Form 214.

3.  The evidence of record also confirms that based on his RVN service and campaign participation he is entitled to the RVN Gallantry Cross with Palm Unit Citation and three bronze service stars with his already-awarded VSM.  Therefore, his DD Form 214 should also be corrected to show these awards.

4.  However, absent any evidence of record corroborating the applicant's claim he was recommended for award of an ARCOM or that he was ever awarded the ARCOM by proper authority while serving on active duty, there is an insufficient evidentiary basis to support granting this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* awarding him the AGCM (1st Award) for his period of qualifying honorable service from 7 April 1971 through 17 April 1972
* amending his DD Form 214 by deleting the current VSM entry and adding the following awards –

* AGCM (1st Award)
* VSM with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation

2.  The Board further determined 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.



      _______ _  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)                                         AR20120012588



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ABCMR Record of Proceedings (cont)                                         AR20120012588



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