BOARD DATE: 22 October 2015
DOCKET NUMBER: AR20150003136
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 he was awarded the Army Commendation Medal (ARCOM) for service in the Republic of Vietnam during the period 1 August 1969 to 1 August 1970.
2. The applicant states, for whatever reason, this is another piece of paperwork that did not catch up with his separation papers. A family member discovered the ARCOM documents in a file cabinet in his dad's office.
3. The applicant provides copies of his ARCOM 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 applicants 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 applicants 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 18 March 1969. He completed his initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. He served in the Republic of Vietnam from on or about 22 August 1969 through on or about 19 August 1970. During this period of service he was assigned to Company D, 4th Battalion, 3rd Infantry Regiment.
4. He was honorably released from active duty on 17 March 1971. His DD Form 214 shows he was awarded or authorized the following awards:
* Bronze Star Medal with "V" Device
* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
5. As directed in ABCMR Docket Number AR20140002847, a DD Form 215 (Correction to DD Form 214) was created on 28 September 2014, which deleted from his DD Form 214 the Bronze Star Medal with "V" Device and the Vietnam Service Medal with 2 bronze service stars, and added the following awards and decorations:
* Bronze Star Medal (4th Award) with "V" Device
* Army Good Conduct Medal
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
6. His record does not contain orders awarding him the ARCOM. Additionally, item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show he was awarded the ARCOM.
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 for the ARCOM pertaining to the applicant.
8. The applicant provides copies of his ARCOM Certificate and Citation, which show he was presented with the ARCOM for meritorious service in the Republic of Vietnam, during the period 1 August 1969 to 1 August 1970; however, he did not provide the accompanying orders.
9. Army Regulation 600-8-22 (Military Awards) provides that 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 (emphasis added).
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show he was awarded the ARCOM for service in the Republic of Vietnam was carefully considered.
2. There is no evidence in the available record that shows the applicant was awarded the ARCOM. The governing Army regulation states that for personal decorations (which include the ARCOM) formal recommendation, approval through the chain of command, and announcement in orders are required. The award certificate and citation he submitted are insufficient to confirm this award.
3. In the absence of orders or any other corroborating document indicating orders were published, there is an insufficient evidentiary basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ __X______ __X__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_________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) AR20120005554
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150003136
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