IN THE CASE OF:	  

		BOARD DATE:	  28 April 2015

		DOCKET NUMBER:  AR20140015598 


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 award of the Air Medal (AM) and the Army Commendation Medal (ARCOM) (2nd Award). 

2.  The applicant states he earned the awards for his faithful and honest service. 

3.  The applicant provides a certificate and citation for the AM and certificates for the ARCOM and the ARCOM (2nd Award).

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 22 August 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was honorably discharged for immediate reenlistment on 21 May 1970.  The DD Form 214 issued to him at that time shows he was awarded or is authorized the:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge (CIB)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Overseas Service Bars (2)

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served a tour of duty in the RVN beginning on 13 January 1969.

	b.  Item 38 (Record of Assignments) shows that during the period                  28 January 1969 to 9 January 1970 he served with Company D, 5th Battalion, 46th Infantry, 198th Infantry Brigade, in the RVN. 

	c.  Item 41 (Awards and Decorations) shows the following:

* NDSM
* VSM
* CIB
* RVN Campaign Medal with Device (1960)
* Overseas Service Bars (2)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars      (M-16) and (M14)

4.  General Orders (GO) Number 12456, issued by Headquarters, Americal Division, RVN, dated 8 December 1969, show he was awarded the ARCOM for meritorious service in connection with military operations against a hostile force.

5.  On 6 December 1971, he was discharged under honorable conditions.  The DD Form 214 issued to him at that time shows he was awarded or authorized the:

* NDSM
* VSM
* CIB
* RVN Campaign Medal with Device (1960)
* Overseas Service Bars (2)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars      (M-16) and (M14)

6.  His record is void of orders awarding him the AM or the ARCOM (2nd Award).

7.  He submits:

     a.  An ARCOM (2nd Award) Certificate, dated 27 January 1970, which indicates he was awarded the ARCOM (2nd Award) for meritorious service in the RVN during the period 16 December 1969 to 22 December 1969.

     b.  An AM Certificate, dated 24 June 1970 which indicates he was awarded the AM for meritorious achievement while participating in aerial flight in the RVN during the period 26 March 1969  to 1 September 1969.

     c.  An AM Citation which indicates he was awarded the AM for distinguishing himself by meritorious achievement while participating in sustained aerial flight in support of combat ground forces in the RVN during the period 26 March 1969 to 1 September 1969.    

8.  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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for the AM or the ARCOM (2nd Award) pertaining to him.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

     a.  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.

     b.  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.

10.  A review of his record indicates he is entitled to additional awards and decorations that are not shown on his DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the VSM for each credited campaign listed in appendix B.  His service in Vietnam coincided with four campaigns:  

* Vietnam Counteroffensive, Phase VI (2 November 1968 to                      22 February 1969)
* Tet 69/Counteroffensive (23 February to 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June to 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 to 30 April 1970)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 5th Battalion, 46th Infantry, was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 24 August 1969 to    31 December 1969, by Department of the Army General Order Number 11, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  GO show he was awarded the Army Commendation Medal.  Therefore, he is entitled to have his record corrected to show this award.

2.  GO show his unit was awarded the RVN Gallantry Cross with Palm Unit Citation during his tenure of assignment.  Therefore, he is entitled to correction of his records to show this unit award.

3.  Records show he participated in four campaigns during his service in the RVN.  Therefore, he is entitled to four bronze service stars for his already-awarded VSM.

4.  He provides an AM Certificate and Citation and an ARCOM (2nd Award) Certificate indicating he was awarded the AM and the ARCOM (2nd Award).  Unfortunately, these documents alone are insufficient to establish that he received these awards.  In the absence of corroborating evidence in his official military personnel file or in ADCARS that shows orders were issued awarding him the AM or the ARCOM (2nd Award), he is not entitled to have his record corrected to show these awards at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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.  deleting the Vietnam Service Medal from his DD Form 214 ending   21 May 1970 and

	b.  adding the ARCOM, VSM with four bronze service stars, and the RVN Gallantry Cross with Palm Unit Citation to his DD Form 214 ending 21 May 1970.

2.  The Board further determined 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 the record to show award of the ARCOM (2nd Award) and 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)                                         AR20140015598





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ABCMR Record of Proceedings (cont)                                         AR20140015598



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