BOARD DATE: 19 December 2017 DOCKET NUMBER: AR20160005064 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: 19 December 2017 DOCKET NUMBER: AR20160005064 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 his 1972 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: 19 December 2017 DOCKET NUMBER: AR20160005064 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). 2. The applicant states his ARCOM should be added to his DD Form 214. He is unsure why it was not added to his record. 3. The applicant provides a copy of an ARCOM Certificate. 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 24 November 1970. Evidence shows he served in the Republic of Vietnam during the period 14 October 1971 through 28 June 1972. 3. His DA Form 20 (Enlisted Qualification Record) does not show award of the ARCOM. His official military records do not contain general orders announcing award of the ARCOM. Item 28 (Record of Assignments) shows he was assigned: * Battery C, 1st Battalion, 321st Artillery from 1 November 1971 to 5 February 1972 * Headquarters and Headquarters Battery, 1st Battalion, 21st Artillery, 3rd Brigade (Separate), 1st Calvary Division from 6 February to 23 June 1972 4. General Orders Number 1440 issued by Headquarters, 3rd Brigade (Separate), 1st Calvary Division (Airmobile) awarded the applicant the Bronze Star Medal for meritorious service during the period October 1971 to April 1972. 5. On 29 June 1972, he was honorably released from active duty in the rank/grade of specialist five/E-5. He completed 1 year, 7 months, and 6 days of total active service. The DD Form 214 he was issued upon his release from active duty does not show award of the ARCOM. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Star Medal 6. 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. 7. The applicant provides a copy a certificate awarding him the ARCOM for meritorious achievement during the period 15 April 1972 to 30 May 1972 in the Republic of Vietnam. Brigadier General (BG) James F. Hamlet signed the certificate as the Commanding General. The date of the certificate is 18 June 1972. 8. A Department of the Army (DA), Office of the Adjutant General letter, dated 4 December 1972, shows BG Hamlet was the Commander of the 3rd Brigade (Separate), 1st Calvary Division, during the period from 13 December 1971 to 20 June 1972. Within his duties, he prepared a debriefing report for senior Army leaders. He stated, "On 1 April the character of the war in Military Region III changed drastically when the enemy began his Nguyen Hue Campaign as part of an offensive campaign throughout Vietnam… two main bases contained three 105mm howitzers and two 155mm howitzers and minibases had three 105 mm howitzers… superior firepower to brought to bear." He stated, "Efficiency reports, awards and decorations were transported to Bein Hoa for processing and subsequently returned to Cam Rahn Bay." REFERENCES: Army Regulation 600-8-22 (Military Awards) provides that the awards program enables award authorities to recognize Soldiers for valor, meritorious service and achievement; and to document and record that recognition for historical purposes. 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. DISCUSSION: 1. The applicant received the Bronze Star Medal for meritorious service during the period October 1971 to April 1972. A copy of this order is filed in his record. In support of his application he provides an ARCOM Certificate showing he was awarded the ARCOM for meritorious achievement during the period 15 April 1972 to 30 May 1972. 2. There is an unclassified debriefing report signed by BG James F. Hamlet who was the Commanding General of 3rd Brigade (Separate), 1st Calvary Division which included the applicant's unit, Headquarters and Headquarters Battery, 1st Battalion, 21st Artillery. Within the report BG Hamlet stated that awards were processed at a different location (in the rear) and not within the battlefield bases. With the movement of award documents from the battlefield to the rear and then back to the battlefield for signature, it appears orders and/or certificates could be misplaced or misfiled. Based on the commanding general's signature on both the applicant's award certificate and his debriefing report, it appears the applicant provides a certificate that coincides with the general's tenure at 3rd Brigade (Separate), 1st Calvary Division. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005064 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005064 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2