BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20150018292 BOARD VOTE: ___x______ ___x____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20150018292 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to the applicant’s DD Form 214 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. BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20150018292 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) by adding the Army Commendation Medal (ARCOM). 2. The applicant states in 1969, while serving in Vietnam, he was awarded the ARCOM. Upon his discharge, his unit failed to include the award on his DD Form 214. 3. The applicant provides an ARCOM Certificate and Citation, dated 2 June 1969. 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 11 October 1967. 3. The applicant’s DA Form 20 (Enlisted Qualification Record) contains the following information: a. Item 31 (Foreign Service) – he served in the U.S. Army Pacific (USARPAC), Vietnam from 26 June 1968 through June 1969. b. Item 33 (Appointments and Reductions) – he was promoted to sergeant (SGT)/E-5 effective 17 February 1969. c. Item 38 (Record of Assignment) – he was assigned to: * Headquarters, Headquarters Battery, 41st Artillery Group, USARPAC, Republic of Vietnam (RVN) from 8 July 1968 to 18 June 1969 d. Item 41 (Awards and Decorations) – no entry for the ARCOM. 4. On 23 June 1969, the applicant was honorably released from active duty service and transferred to the U.S. Army Reserve as a SGT/E-5 after completing 1 year, 8 months, and 12 days of net active duty service. His DD Form 214 does not show he was awarded the ARCOM. 5. The applicant provides a copy of an ARCOM Certificate and Citation, dated 2 June 1969, for meritorious service in the RVN from June 1968 to June 1969. The certificate was signed by Brigadier General Winant Sidle, who at the time was the Commander, I Field Force Vietnam Artillery, under which the 41st Artillery Group served. 6. The available records do not contain orders announcing award of the ARCOM to the applicant. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal 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. DISCUSSION: 1. The applicant provides an ARCOM Certificate and Citation, dated 2 June 1969, showing he received the award for meritorious service in the RVN from June 1968 to June 1969. Although official orders for the ARCOM were not found in the applicant’s records, his ARCOM Certificate and Citation corresponds to the dates he was in the RVN, and the certificate bears the signature of a general officer who would have had approval authority for the award at the time. 2. The Board must determine if, in the absence of orders, a preponderance of the evidence shows the applicant was, in fact, awarded the ARCOM for his tour of duty in the RVN. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018292 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018292 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2