IN THE CASE OF:  	  

		BOARD DATE:  20 November 2014	  

		DOCKET NUMBER:  AR20140006963 


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) and Air Medal (AM).

2.  He states he received the ARCOM and AM, but they were not listed on his DD Form 214.  

3.  He provides:

* DD Form 214
* ARCOM Certificate and Citation
* AM Certificate and Citation

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 18 March 1971, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was promoted to specialist four (SP4)/E-4 effective 13 February 1972.

3.  He was assigned to duty in Vietnam with:

* Company D, 3rd Battalion, 1st Infantry, 11th Infantry Brigade, from 3 September to 11 October 1971
* Company B, 2nd Battalion, 1st Infantry, 196th Infantry Brigade, from 12 October 1971 to 25 June 1972

4.  He participated in three campaigns during his service in Vietnam.

5.  On 3 June 1972, Headquarters, 196th Infantry Brigade, issued General Orders Number 02322 awarding him the ARCOM for meritorious service from 20 August 1971 to 10 June 1972.

6.  On 16 March 1973, he was honorably released from active duty after completing 1 year, 11 months, and 29 days of total active service.  His DD Form 214 shows he was awarded or authorized the following:

* National Defense Service Medal
* Combat Infantryman Badge
* one Overseas Service Bar
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Machinegun Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  His Official Military Personnel File is void of documentation showing he was awarded the AM.

8.  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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the AM pertaining to the applicant.

9.  He provides an AM Certificate and Citation showing he was awarded the AM for meritorious achievement during the period 1 September 1971 to 1 April 1972.  

10.  Army Regulation 600-8-22 (Military Awards) states the AM is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

11.  Review of the FSM's record indicates he is entitled to additional awards not listed on his DD Form 214.

12.  His records are void of documentation indicating he was awarded the Army Good Conduct Medal (AGCM).  There are no adverse actions recorded in the available records, and there is no record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the AGCM.  He received all "excellent" conduct and efficiency ratings.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

14.  Army Regulation 600-8-22 states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 1st Infantry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 March to 9 October 1971, by Department of the Army General Orders Number 6, dated 1974.  

DISCUSSION AND CONCLUSIONS:

1.  He provides an AM Certificate and Citation showing he was awarded the AM.  Unfortunately, possession of an award certificate and citation does not automatically confer entitlement to an award.  Absent orders which awarded him the AM or official documentation confirming that such orders were published, there is an insufficient evidentiary basis upon which to correct his DD Form 214 to show the AM. 

2.  The applicant is advised that if he has a copy of orders awarding him the AM, or official documentation confirming that such orders were published, he may submit a request for reconsideration.  If he chooses to do so, he should ensure that he provides a complete copy of the orders, to include an authenticating signature.

3.  General orders awarded him the ARCOM.  He is entitled to correction of his DD Form 214 to show this award.

4.  He received "excellent" conduct and efficiency ratings during his service, he was promoted to SP4/E-4, and there is no record of any disciplinary action taken against him.  Based on his overall record of service, it appears that an administrative error occurred resulting in the applicant not being recommended for or awarded the first award of the AGCM.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 18 March 1971 through 16 March 1973 and to correct his DD Form 214 to show this award.

5.  He was awarded the VSM and he participated in three campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on his previously-awarded VSM.

6.  He served in the 2d Battalion, 1st Infantry, during a period for which the unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation.  He is entitled to correction of his DD Form 214 to show this unit award.

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 AGCM (1st Award) for the period 18 March 1971 through 16 March 1973 and

	b.  amending his DD Form 214 as follows – 

		(1) delete the VSM and 

		(2) add – 

* ARCOM
* AGCM (1st Award)
* VSM with three bronze service stars
* RVN 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 the AM.



      _______ _   _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)                                         AR20140006963





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ABCMR Record of Proceedings (cont)                                         AR20140006963



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