IN THE CASE OF

		BOARD DATE:	  15 July 2014

		DOCKET NUMBER:  AR20130020553


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 reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision promulgated in Docket Number AR20120012588, dated 17 January 2013, wherein he requested correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Army Commendation Medal (ARCOM).

2.  The applicant states:

* he is requesting the Board's assistance in correcting his records to show he was awarded the ARCOM - his concern is the ARCOM is not listed on his DD Form 214
* he received a letter of recommendation for the Bronze Star Medal (BSM)
* the recommendation came in the form of a letter, dated 8 March 1972, which he received around 10 March 1972, around the time the 101st Airborne Division was returning to the United States
* upon the 101st Airborne Division's departure from the Republic of Vietnam, he was reassigned to the 716th Military Police (MP) Battalion in Saigon until he returned to the United States in April 1972
* he requested the 716th MP Battalion's assistance in obtaining a final copy of his award; however, he was advised to pursue the matter when he returned to the United States
* in 1973, he was employed with the Federal Protective Service - he intended to continue his career in law enforcement and he felt the ARCOM that was awarded to him as a Military Policeman in the Republic of Vietnam would assist him when applying for jobs in this field
* his Member of Congress assisted him with his status request
* on 4 April 1974, he was awarded the ARCOM
* in 2005, he contacted the National Personnel Records Center (NPRC) to verify and update his DD Form 214
* he received a letter dated 3 March 2005 that listed his awards; however, the ARCOM was not listed
* once again, he contacted the NPRC to inquire about this discrepancy
* eventually, he petitioned the ABCMR to have the ARCOM and the Army Good Conduct Medal added to his DD Form 214
* the ABCMR corrected his DD Form 214 to show the Army Good Conduct Medal, but not the ARCOM
* the ABCMR denied the portion of his request concerning the ARCOM, citing a lack of evidence 
* he is unsure why his record does not reveal the recommendation for the Bronze Star Medal, or the subsequent awarding of the ARCOM
* he was not on active duty in April 1974 and had been honorably discharged at that time; therefore, he was not awarded the ARCOM while on active duty
* the ARCOM is important to him as his family has a long military service record
* his father, now deceased, served in the U.S. Navy during World War II, his oldest son is currently serving in the U.S. Navy, and his youngest son was recently honorably discharged from the U.S. Marine Corps after twice deploying to Afghanistan
* in 2005, he retired as a Sergeant with the Missouri State Highway Patrol,  and in May 2013, he retired from the Missouri Gaming Commission

3.  The applicant provides:

* DA Form 4980-14 (ARCOM Certificate), dated 4 April 1974
* the proposed citation for his ARCOM award, annotated as "approved" and dated 19 July 1974 
* Recommendation for End-of-Tour Service Award (ARCOM/BSM), signed by the 101st Airborne Division Provost Marshal on 8 March 1972
* a letter from his Member of Congress, dated 29 April 1974
* a letter from the Assistant Chief, Military Awards Branch, U.S. Army Military Personnel Center, Alexandria, VA, dated 22 July 1974
* a letter from the Army Review Boards Agency to his Member of Congress, dated 9 May 2013
* ABCMR Docket Number AR20120012588




CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20120012588, dated 17 January 2013.

2.  The applicant provides his ARCOM Certificate and citation, the recommendation pertaining to his end-of-tour service award, and a letter from the Assistant Chief, Military Awards Branch, U.S. Army Military Personnel Center, Alexandria, VA, dated 22 July 1974.  These documents constitute new evidence not previously considered by the Board; therefore, this new evidence will now be considered by the Board.

3.  On 7 April 1971, the applicant was inducted into the Army of the United States.  He entered active duty, completed his initial entry training, and was awarded military occupational specialty 95B (Military Policeman).

4.  His record shows he served in the Republic of Vietnam from on or about 26 August 1971 through on or about 12 April 1972; however, it does not contain any documentation pertaining to awards he received during, or for, his service in Vietnam.  

5.  On 17 April 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve.  The DD Form 214 he was issued shows he was credited with the completion of 1 year and 11 days of total active service, including 7 months and 22 days of foreign service.  His DD Form 214 does not show he was awarded the ARCOM; however, it does show he was awarded the following awards and decorations:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* one overseas service bar

6.  On 6 February 2013, as directed in ABCMR Docket Number AR20120012588, a DD Form 215 (Correction to DD Form 214) was created that deleted the Vietnam Service Medal from his DD Form 214 and added the following awards and decorations:

* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders pertaining to the applicant.

8.  He provides:

   a. His ARCOM Certificate and citation, which show he was awarded the ARCOM for meritorious service in the Republic of Vietnam, during the period August 1971 to April 1972.  The proposed citation is annotated as "approved" and dated 19 July 1974. 

   b. His recommendation for the BSM as an end-of-tour service award, for meritorious service with the 101st MP Company during the period 25 August 1971 through 8 March 1972, which was signed by the 101st Airborne Division Provost Marshal on 8 March 1972.  It appears this recommendation was downgraded to an ARCOM prior to its final approval.

   c. A letter from the Assistant Chief, Military Awards Branch, U.S. Army Military Personnel Center, Alexandria, VA, dated 22 July 1974, subject: Presentation of Award, which informed him that he had been awarded the ARCOM for meritorious service from August 1971 to April 1972. 

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214, to show he was awarded the ARCOM for his service in the Republic of Vietnam, was carefully considered and determined to have merit.

2.  The applicant submitted an ARCOM Certificate and citation as evidence, as well as documents that appear to show he was awarded the ARCOM for meritorious service in the Republic of Vietnam.  The period of service identified on the certificate and citation coincides with his period of service in the Republic of Vietnam, ending in April 1972.  Despite the absence of verifiable orders, it is not unreasonable to conclude he was awarded the ARCOM for his service in Vietnam.  


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 amendment of the ABCMR's decision in Docket Number AR20120012588, dated 17 January 2013.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his           DD Form 214 to add 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)                                         AR20130020553



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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