IN THE CASE OF:	  

		BOARD DATE:	  24 October 2013

		DOCKET NUMBER:  AR20130004978 


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:

* Army Commendation Medal (ARCOM)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (RVNGC)
* Vietnam Service Medal with 3 bronze service stars (VSM)
* German Service Medal

2.  The applicant states:

   a.  all of his awards were not listed on his DD Form 214 at the time of his discharge; 
   
   b.  he was subsequently awarded the ARCOM with a two-page letter for merit while assigned for duty in Germany, for his service in Vietnam; and
   
   c.  while he is not sure if the Vietnam Commendation Medal listed on his DD Form 214 is correct, it might possibly should have been the ARCOM.

3.  The applicant provides:

* two National Personnel Records Center (NPRC) letters
* DD Form 215 (Correction to the DD Form 214)
* Self authored letter
* DD Form 214
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's DD Form 214 shows he enlisted in the Regular Army on 
7 January 1969.  He was initially trained in and awarded military occupational specialty 12A (Pioneer).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 18 June 1969 through 17 June 1970 with the 26th Engineer Battalion.  It also shows he served in Germany from 24 August 1970 through 28 December 1971.

4.  On 30 December 1971, the applicant was honorably released from active duty after completing 2 years, 11 months, and 24 days of creditable active duty service. The applicant's DD Form 214 shows he was he earned the following awards:

* National Defense Service Medal
* Army Good Conduct Medal
* “Vietnam Commendation Medal”

5.  His military record contains a DD Form 215 which also shows he earned the following awards:

* RVN Campaign Medal with Device 1960
* Driver’s Badge
* Marksman Marksmanship Qualification Badge with Auto Rifle and Rifle Bars
* Expert Marksmanship Qualification Badge with Auto Rifle and Rifle Bars

6.  The applicant’s record does not include any evidence or orders to show he was ever recommended for or awarded the ARCOM.
7.  The Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army Human Resources Command, an index of general orders issued during the Vietnam era between 1965 and 1973, was reviewed.  This review failed to show any orders announcing awards pertaining to the applicant.

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

	a.  Paragraph 2-13 contains guidance on award of the VSM and states it is awarded to all members of the Armed Forces of the United States serving in Vietnam and contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

	b.  Table B-1 contains a list of campaigns and shows that during the applicant's service in the RVN, participation credit was awarded for the following campaigns:

* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive

	c.  Paragraph 3-18 contains guidance on award of the ARCOM.  It is 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.

9.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to reflect additional awards that were previously omitted.  There is sufficient evidence to support granting a portion of the requested relief.

2.  Based on the applicant's RVN service and campaign participation, his DD Form 214 should be corrected to show the RVN Gallantry Cross with Palm Unit Citation and VSM with three bronze service stars.  Accordingly, these awards should be added to this separation document at this time.

3.  The evidence of record failed to include any evidence to show the applicant was ever awarded the ARCOM while serving on active duty.  In addition, ADCARS failed to include any orders to indicate the applicant was awarded the ARCOM.  Therefore, absent any evidence to corroborate the applicant’s claim to the ARCOM, there is no basis upon which to grant this portion of the requested relief.

4.  Finally, the German Service Medal is not a recognized award within the Department of the Army’s inventory of awards and as such, not authorized for entry on the DD Form 214.  Accordingly, this portion of the applicant’s claim should be denied.

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.  amending his DD Form 214 to add the following awards:

* VSM with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	b.  issuing him a corrected document to reflect these awards.









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 Army Commendation 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)                                         AR20130004978



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ABCMR Record of Proceedings (cont)                                         AR20130004978



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