IN THE CASE OF:  

		BOARD DATE:  16 September 2014	  

		DOCKET NUMBER:  AR20140002737 


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 the Army Commendation Medal (ARCOM) with first oak leaf cluster (second award).

2.  The applicant states the award is not listed on his DD Form 214.

3.  The applicant provides a DD Form 214, letter from the National Personnel Records Center (NPRC), USARV Form 157-R (Recommendation for Decoration for Valor or Merit), and orders and citation for the ARCOM. 

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 was inducted into the Army of the United States on 20 March 1968.

3.  Special Orders Number 133, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ on 12 May 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 7 August 1968 to 19 October 1969.  It also shows he was assigned to the Capital Military Assistance Command (CMAC) during his service in Vietnam.

5.  General Orders Number 102, issued by Headquarters, CMAC on 31 July 1969, awarded him the ARCOM for meritorious achievement on 8 July 1969.  

6.  General Orders Number 126, issued by Headquarters, CMAC on                  16 September 1969, awarded him the Army Good Conduct Medal 
(1st Award) for the period 20 March 1968 to 23 October 1969.  

7.  He was honorably released from active duty on 23 October 1969.  His 
DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal.

8.  There is no evidence in his military records that shows he was recommended for or awarded a second ARCOM.  

9.  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 Awards Branch, failed to reveal orders for the ARCOM pertaining to the applicant.

10.  He provides a letter from the NPRC, dated 20 January 2014, which authorized the shipment of an ARCOM with first oak leaf cluster to him.  

11.  He provides a USARV Form 157-R and a citation for the ARCOM.  Both documents pertain to his ARCOM awarded in CMAC General Orders Number 102, dated 31 July 1969, for actions on 8 July 1969.  

12.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.

	b.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the ARCOM.

	c.  A bronze service star is authorized with the Vietnam Service Medal 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 four campaigns.

13.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show two awards of the ARCOM has been carefully considered.  

2.  General orders show he was awarded the ARCOM for actions on 8 July 1969. This award is not shown on his DD Form 214; therefore, his DD Form 214 should be corrected to show it.

3.  General orders also show he was awarded the Army Good Conduct Medal (1st Award).  This award should be added to his DD Form 214.  

4.  He participated in four campaigns during his service in Vietnam that entitles him to four bronze service stars for wear on his Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to reflect these bronze service stars.

5.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, this badge should be added to his DD Form 214.

6.  All units that served in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This unit award should also be added to his DD Form 214.
7.  There is no evidence in his military records that shows he was recommended for or awarded a second ARCOM and a search of the ADCARS failed to reveal additional orders for the ARCOM (2nd Award).  In the absence of orders or any other evidence indicating he was awarded the second award of the ARCOM, the NPRC letter he provided is insufficient evidence on which to base correction his DD Form 214 to show two awards of the ARCOM.

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 deleting the Vietnam Service Medal from his DD Form 214 and adding the following awards:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 correcting his DD Form 214 to show two awards of 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)                                         AR20140002737



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ABCMR Record of Proceedings (cont)                                         AR20140002737



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