BOARD DATE:	  22 July 2014

		DOCKET NUMBER:  AR20130020898 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of Army Good Conduct Medal (AGCM) and the Army Commendation Medal (ARCOM).

2.  He states he was never informed of the disposition of the recommendations for these awards. 

3.  He provides:

* Self-authored statement
* USARV Form 157 (Recommendation for Decoration for Valor or Merit)
* Request for Award of the AGCM, dated 21 February 1967
* DA Form 137 (Installation Clearance Record)
* DA Form 2496-1 (Disposition Form), dated 7 February 1967 

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 enlisted in the Regular Army on 24 February 1964.  He served in the Republic of Vietnam (RVN) from 12 April 1965 to 11 July 1966 and was assigned to 165th Transportation Company.  He was honorably released from active duty on 23 February 1967 after completing 3 years of active duty service.

3.  His DD Form 214 shows the:

* Air Medal with 4 Oak Leaf Clusters
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Aircraft Crewman Badge

4.  USARV Form 157 shows he was recommended for the ARCOM as a service award for the period May 1965 to May 1966.  However, neither the commander recommending him for the award nor the approval authority signatures are contained on this form. 

5.  There are no orders in his military personnel record that show he was awarded the ARCOM.  Additionally, the ARCOM is not listed on his DA Form 20 (Enlisted Qualification Record).  However, his DA Form 20 does show that he qualified as an expert marksman with the M-14 rifle. 

6.  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, failed to reveal any orders awarding him the ARCOM.

7.  His records show no evidence of nonjudicial punishments under Article 15 of the Uniform Code of Military Justice and no evidence of courts-martial or any other type of adverse action.  Additionally, his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.

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.

9.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

10.  Army Regulation 600-8-22 contains the regulatory guidance on the VSM and states that 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 campaigns:

* Vietnam Defense Campaign ( 8 March 1965 - 24 December 1965)
* Vietnam Counteroffensive ( 25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units which served in the Vietnam War.  This pamphlet shows the RVN Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, U.S. Army Vietnam by Department of the Army General Orders Number 8, dated 1974.

12.  Title 10 of the U.S. Code, section 1130 (10 USC 1130) provides the legal authority for consideration of proposals for decorations not previously submitted in a timely fashion.  Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration.  Based upon such review, the Secretary shall determine the merits of approving the award.

13.  The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to:  Commander,  U.S. Army Human Resources Command, ATTN:  AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The unit must be clearly identified, along with the period of assignment and the recommended award.  A narrative of the actions or period for which recognition is being requested 

must accompany the DA Form 638.  Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents.  Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request.  The burden and costs for researching and assembling supporting documentation rest with the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided a USARV Form 157 which shows he was recommended for the award of the ARCOM for the period May 1965 to May 1966.  However, there is no indication that his recommendation was approved and, therefore, the recommendation is not sufficient evidence with which to add this award to his DD Form 214.  He provided no orders showing he was awarded the ARCOM for this period and no evidence was found in his service personnel record or in ADCARS.  Therefore, there is insufficient evidence to support adding award of the ARCOM to his DD Form 214.

2.  However, while the available evidence indicates his award recommendation was not finalized and although there is insufficient for awarding the applicant the ARCOM, this in no way affects his right to pursue his claim for the ARCOM by submitting a request through his Member of Congress under the provisions of   10 USC 1130.

3.  The evidence of record shows he received "excellent" conduct and efficiency ratings and he had no record of courts-martial and no commander's disqualification for award of the AGCM.  Therefore, he is entitled to award of the AGCM (1st Award) for the period 24 February 1964 to 23 February 1967 and correction of his records to show this award.

4.  Evidence of record shows he is entitled to the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this unit award.

5.  Additionally, the evidence shows he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show three bronze service stars for wear on his previously awarded VSM.

6.  His DA Form 20 verifies that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to show this badge.


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. awarding him the Army Good Conduct Medal (1st Award) for the period 
24 February 1964 to 23 February 1967;

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

c. adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with three bronze service stars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

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 the 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)                                         AR20130020898





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ABCMR Record of Proceedings (cont)                                         AR20130020898



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