BOARD DATE:	  17 January 2013

		DOCKET NUMBER:  AR20120012755 


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 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, the ARCOM he earned is not listed on his 
DD Form 214. 

3.  The applicant provides an ARCOM citation and certificate in support of his request.  

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 record shows the applicant was inducted into the Army of the United States on 31 July 1967 and he was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 7 January 1968 through 2 January 1969.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to:

   a.  Company B, 4th Battalion, 39th Infantry Regiment, 9th Infantry Division performing duties in MOS 11B as a rifleman from 12 January to 23 March 1968; and

   b.  Company B, 3rd Battalion, 12th Infantry Regiment, 4th Infantry Division performing duties in MOS 11B as an ammunition bearer from 24 March 1968 to 
1 January 1969.

   c.  Item 38 also shows the applicant received “excellent” conduct and efficiency ratings at all of his active duty assignments.  

4.  Item 41 (Awards and Decorations) of the DA Form 20 does not list the ARCOM and indicates the Army Good Conduct Medal (AGCM) was requested.  It also shows he earned the earned the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal (RVNCM)
* Marksman Marksmanship Qualification Badge with Rifle (M-14 & M-16) Bar

5.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of derogatory information or a unit commander disqualification that would have precluded award of the AGCM.  

6.  On 30 July 1969, the applicant was honorably released from active duty, in the rank of sergeant, after completing 2 years of active military service.  The 
DD Form 214 he was issued at the time lists the NDSM, VSM, Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar, and Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar.

7.  The applicant provides a citation and a certificate that show he was awarded the ARCOM for meritorious service in the RVN during the period January 1968 to January 1969.  

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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, shows General Orders Number 10 issued by Headquarters, 4th Infantry Division, dated 1 January 1969, awarded the applicant the ARCOM for meritorious service in the RVN during the period January 1968 to January 1969.  

9.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  

   a.  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.  It also states a silver service star is used in lieu of 5 bronze service stars to denote participation in 5 campaigns; and 
   
   b.  Table B-1 contains a list of campaigns and shows that during the applicant's assignment in the RVN, participation credit was granted for the following campaigns:
   
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* TET Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969) 

10.  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 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.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment tenure, the applicant's unit (3rd Battalion,12th Infantry) was cited for the RVN Gallantry Cross (RVNGC) with Palm Unit Citation for the period 1 December 1966 to 
30 June 1968 by Department of the Army General Order (DAGO) 31, dated 1969; and the RVN Civil Actions Honor Medal (RVNCAHM) First Class (FC) Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO 59, dated 1969.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to add the ARCOM to his DD Form 214 has been carefully considered and found to have merit.  ADCARS confirms the applicant was awarded the ARCOM by Headquarters, 4th Infantry Division GO Number 10, dated 1 January 1969.  As a result, it would be appropriate to add this award to his DD Form 214.

2.  The evidence of record confirms the applicant received all "excellent" conduct and efficiency ratings in all of his active duty assignments.  Further, his record is void of any derogatory information or a unit commander's disqualification that would have precluded award of the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award the applicant this medal for the period 31 July 1967 through 30 July 1969 and correct his DD Form 214 to show this medal.

3.  Based on his RVN service and campaign participation, the applicant is authorized the RVNGC with Palm Unit Citation, RVNCAHM FC Unit Citation, and 1 silver service star with his already-awarded VSM.  Therefore, it would also be appropriate to add these awards to his DD Form 214. 

4.  In addition, the applicant is also authorized the RVNCM with Device 1960 based on his RVN service and his DA Form 20; however, it is not included on his DD Form 214.  Therefore, it would be appropriate to add this award 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 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 
31 July 1967 through 30 July 1969; 

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

	c.  adding the following awards to his DD Form 214:

* Army Commendation Medal 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 1 silver service star
* Republic of Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20120012755



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ABCMR Record of Proceedings (cont)                                         AR20120012755



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