IN THE CASE OF:
BOARD DATE: 15 August 2013
DOCKET NUMBER: AR20130000961
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) with 1st Oak Leaf Cluster.
2. He states there was a failure to record the ARCOM with 1st Oak Leaf Cluster on his DD Form 214 upon his release from active duty. He was awarded the ARCOM with 1st Oak Leaf Cluster on 19 January 1971 and he was released from active duty on 22 January 1971.
3. He provides:
* DD Form 214
* ARCOM Certificate
* ARCOM Certificate and Citation (with 1st Oak Leaf Cluster)
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 23 January 1968, the applicant enlisted in the Regular Army.
3. On 27 April 1969, Headquarters, 4th Infantry Division, issued General Orders Number 1394 announcing award of the ARCOM to him for meritorious service in the Republic of Vietnam from June 1968 to June 1969.
4. His DA Form 20 (Enlisted Qualification Record) shows that following his service in Vietnam he was assigned to the:
* Armed Forces Examining and Entrance Station, Bangor, ME, from 21 July 1969 to 14 April 1970
* Headquarters Detachment, U.S. Army Recruiting Command (USAREC), Hampton, VA, from 15 April 1970 through his release from active duty
5. On 22 January 1971, he was honorably released from active duty. His DD Form 214 shows one award of the ARCOM.
6. His record is void of documentation showing he received a second award of the ARCOM.
7. He provides an ARCOM Certificate and Citation, dated 19 January 1971, showing he was awarded the ARCOM with 1st Oak Leaf Cluster for meritorious service while assigned to USAREC during the period April 1970 to January 1971.
8. 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. An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the ARCOM.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show he was awarded the ARCOM in orders for his service in Vietnam. This award is recorded on his DD Form 214.
2. He provides an ARCOM Certificate and Citation that show he was awarded the ARCOM with 1st Oak Leaf Cluster. The sincerity of his claim is not questioned. Unfortunately, possession of an award certificate does not automatically confer entitlement to an award. Absent orders which awarded him this medal or official documentation confirming that such orders were published, there is an insufficient basis upon which to correct his DD Form 214 to show award of the ARCOM with 1st Oak Leaf Cluster.
3. The applicant is advised to submit a request for reconsideration if he has a copy of the orders awarding him the ARCOM with 1st Oak Leaf Cluster or official documentation confirming that such orders were published. If he chooses to do so, he should ensure that he provides a complete copy of those orders, to include an authenticating signature.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_____________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) AR20130000961
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130000961
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090017135
The applicant requests, in effect, that the Purple Heart (PH), Bronze Star Medal (BSM) 2nd Oak Leaf Cluster (3rd Award), and Army Commendation Medal (ARCOM) 1st Oak Leaf Cluster (2nd Award) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Item 38 of the applicants DA Form 20 also shows he received "excellent" conduct and efficiency ratings at all of his active duty assignments, and his Official Military Personnel File (OMPF) is void of any...
ARMY | BCMR | CY2010 | 20100023492
Army Regulation 672-5-1 (Military Awards), in effect at the time, stated that the Army Good Conduct Medal (AGCM) was awarded to individuals who completed a qualified period of active duty enlisted service. General orders awarded the applicant three awards of the BSM and only one is listed on his DD Form 214. 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 12 March 1968...
ARMY | BCMR | CY2010 | 20100011263
Army Regulation 672-5-1 (Military Awards), in effect at the time, stated that the Army Good Conduct Medal 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. Therefore, it would be appropriate to...
ARMY | BCMR | CY2008 | 20080012968
The applicant requests, in effect, correction to Item 3 (Social Security Number), Item 5a (Grade, Rate or Rank), Item 5c (Pay Grade), and Item 24 (Decorations, Medals, Badges, Commendations, citations and Campaign Ribbons Awarded or Authorized) of his 17 June 1971 separation document (DD Form 214). The evidence of record further confirms that based on his RVN service and campaign participation, the applicant is also entitled to the Valorous Unit Award, RVN Gallantry Cross with Palm Unit...
ARMY | BCMR | CY2008 | 20080003992
This document shows that, at the time of the applicant's assignment to the 7th Support Battalion, it was cited for award of the Meritorious Unit Commendation for the period 1 January 1969 through 30 June 1970 by Department of the Army General Orders (DAGO) Number 50, dated 1971. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual...
ARMY | BCMR | CY2012 | 20120003771
The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Army Commendation Medal (ARCOM) with "V" Device (1st Oak Leaf Cluster). General orders show the applicant was awarded the ARCOM with "V" Device and the ARCOM for meritorious service. 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...
ARMY | BCMR | CY2013 | 20130017298
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Air Medal with appropriate oak leaf clusters and the Army Commendation Medal (ARCOM). Therefore, he is entitled to award of the AGCM (1st Award) for the period 11 June 1968 to 2 June 1970 and correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2010 | 20100025556
The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was awarded three Army Commendation Medals (ARCOM); one of which was an ARCOM with "V" device. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Purple Heart, Overseas Bar (2), and...
ARMY | BCMR | CY2014 | 20140004457
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded three Army Commendation Medals (ARCOM (3rd Award)) and the Air Medal with "V" Device. His DD Form 214 shows he was awarded or authorized the: * Bronze Star Medal (1st Oak Leaf Cluster) * Purple Heart * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal (VSM) * RVN Campaign Medal with Device (1960) * Aircraft Crewman's...
ARMY | BCMR | CY2013 | 20130008353
His DD Form 214 shows he was credited with service in the Republic of Vietnam (RVN) during the period 18 January 1970 through 25 February 1971. Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 23 July 1969 through 25 February 1971 and to correct his DD Form 214 to show this award. 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...