BOARD DATE:	  10 September 2013

		DOCKET NUMBER:  AR20130000853 


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:

* three awards of the Army Commendation Medal (ARCOM)
* his blood type as A negative

2.  He states his DD Form 214 does not reflect three awards of the ARCOM.  He has evidence of the first two awards of the ARCOM, but not the third.  He also states his blood type is A negative not A positive.

3.  He provides:

* The Blood Center identification card
* DD Form 214
* Headquarters, Americal Division, General Orders (GO) Number 6033, dated 12 June 1970
* Headquarters, Americal Division, GO Number 13120, dated 30 September 1970

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.  On 13 June 1969, the applicant was inducted into the Army of the United States.  His records show he completed initial entry training and was awarded military occupational specialty 13B (Field Artillery Crewman).

3.  His DA Form 428 (Application for Identification Card), dated 18 June 1969, shows his blood type as "A pos."  His DA Form 20 (Enlisted Qualification Record) and Standard Form 601 (Immunization Record) are not in his available records.  Other than his DA Form 428 and DD Form 214, his records are void of any additional documents showing his blood type.

4.  On 6 October 1969, Headquarters, U.S. Army Training Center, Field Artillery, Fort Sill, OK, issued Special Orders Number 224 announcing his award of the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  On 18 December 1970, he was honorably released from active duty as an overseas returnee in the rank/grade of sergeant/E-5 after completing 1 year, 6 months, and 6 days of total active service with no lost time.  His DD Form 214 shows in:

* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the –

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)

* item 30 (Remarks), in part, the entries –

* "BLOOD GROUP:  A POS"
* "VN [Vietnam] SERVICE:  6 NOV 69-17 DEC 70"

6.  He provides GO issued by Headquarters, Americal Division, showing his awards of the ARCOM for service and for achievement while assigned to Battery D, 6th Battalion, 11th Artillery, Americal Division.

	a.  GO Number 6033, dated 12 June 1970, awarded him the ARCOM for meritorious achievement during the period 1 January to 30 April 1970.

	b.  GO Number 13120, dated 30 September 1970, awarded him the ARCOM for meritorious service during the period November 1969 to November 1970.

7.  His record is void of documentation showing he received a third award of the ARCOM.

8.  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 Award Branch, failed to reveal orders awarding him a third ARCOM.

9.  He provides a copy of his identification card from The Blood Center showing his blood type as "A NEG."

10.  A review of his records indicates entitlement to additional awards not shown on his DD Form 214.

11.  His records are void of documentation showing he was the subject of any disciplinary action throughout his service.  There is also no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal (AGCM).  His complete conduct and efficiency ratings are not available; however, a DA Form 137 (Installation Clearance Record), dated 10 December 1970, shows he received "excellent" conduct and efficiency ratings during his assignment to Battery D, 6th Battalion, 11th Artillery.

12.  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 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

13.  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, distinguishes 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.

14.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance for award of the VSM.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)
* Sanctuary Counteroffensive (1 May-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 6th Battalion, 11th Artillery, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 24 August to 31 December 1969 and 31 March to 30 June 1970 in Department of the Army GO Number 42, dated 1972.

16.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.

17.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes the standardized policy for preparation of the DD Form 214.  For item 30, the version in effect at the time stated to enter the blood group from the individual's Standard Form 601 or DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded him two awards of the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show the ARCOM (2nd Award).

2.  Other than his own statement, there is no documentary evidence showing he received a third award of the ARCOM.  In the absence of such evidence, there is no basis for correcting his DD Form 214 to show he received a third ARCOM.

3.  The Blood Center identification card the applicant submitted was carefully considered.  In this case, his Army records are in conflict with the identification card he provided.  Unfortunately, the available evidence is insufficient to show the blood type recorded in his Army record is incorrect.  Without documentation showing an error was made in his military records when his blood type was recorded as A positive, there is insufficient evidence upon which to grant his request.

4.  The applicant is advised that a copy of this decisional document which shows his current blood type as A negative will be filed in his Army Military Human Resource Record (formerly known as the Official Military Personnel File).  This should serve to clarify any questions or confusion regarding the difference in the blood type recorded in his military records and to satisfy his desire to have his current blood type documented.

5.  Although his complete conduct and efficiency ratings are not available, the records show he achieved the rank/grade of sergeant/E-5 during his relatively brief period of active duty service and he received all "excellent" conduct and efficiency ratings for his service in Vietnam.  There is no record of any disciplinary action taken against him.  There is also no evidence of a commander's disqualification for the first award of the AGCM.  Based on his overall record of service, it would be appropriate to award him the AGCM (1st Award) for the period 13 June 1969 through 18 December 1970 and to correct his DD Form 214 to show this award.

6.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

7.  He participated in three campaigns during his service in Vietnam and he is authorized to wear three bronze service stars on his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

8.  His unit was cited twice for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.



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:

	a.  awarding him the AGCM (1st Award) for the period 13 June 1969 through 18 December 1970,

	b.  deleting award of the VSM from his DD Form 214, and

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

* ARCOM (2nd Award)
* AGCM (1st Award)
* VSM with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar

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 his blood type and a third award of 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)                                         AR20130000853



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130000853



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1