IN THE CASE OF: BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160010346 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ ____x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160010346 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 amending his DD Form 214 to show award of the Army Commendation Medal with First Oak Leaf Cluster and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.. 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 the Army Good Conduct 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. IN THE CASE OF: BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160010346 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 award of the Army Good Conduct Medal (AGCM) and a second award of the Army Commendation Medal (ARCOM). 2. The applicant states he received a second award of the ARCOM that is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He also believes he is entitled to receive an AGCM that is not listed on his DD Form 214. 3. The applicant provides copies of his DD Form 214 for the period ending 29 October 1971; an ARCOM Certificate and orders, dated 2 March 1971; and an ARCOM Certificate, dated 11 November 1971. 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 27 March 1969. He was awarded primary military occupational specialty (MOS) 67N (Helicopter Mechanic) on 25 August 1969 and secondary MOS 71B (Clerk Typist) on 12 March 1970. 3. He served in Vietnam from 27 July 1970 to 29 October 1971 and he was assigned to Headquarters, 3rd Squadron, 17th Air Cavalry Regiment. 4. The applicant provided Department of the Army General Orders (DAGO) Number 1709, issued by Headquarters, 1st Aviation Brigade, dated 2 March 1971, awarding him the ARCOM for achievement from 30 July 1970 to 26 January 1971. 5. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 29 October 1971. He completed 2 years, 7 months, and 3 days of total active service with no lost time. His DD Form 214 shows he was authorized or awarded the: * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * ARCOM * Republic of Vietnam Campaign Medal with Device (1960) 6. His DA Form 20 (Enlisted Qualification Record), item 38 (Record of Assignments), shows he received all "excellent" efficiency ratings and one “Good” conduct rating. 7. A letter from the Department of the Army Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 5 October 1972, states, “The commander of the organization in which you served your active duty has awarded you the Bronze Oak Leaf Cluster to the Army Commendation Medal.” This letter contains a handwritten entry stating: “GO 1146, Headquarters, 1st Aviation Bde, 11 Nov 71. Army Oak Leaf Cluster to ARCOM Cert & CIT.” 8. The applicant provides two ARCOM Certificates from the 1st Aviation Brigade: * dated 2 March 1971, showing he was awarded the ARCOM for meritorious achievement in the Republic of Vietnam during the period 30 July 1970 to 26 January 1971 * dated 11 November 1971, showing he was awarded the ARCOM (First Oak Leaf Cluster (OLC)) for meritorious service in the Republic of Vietnam during the period 27 July 1970 to 28 October 1971 9. A review of the Awards and Decorations Computer-Assisted Retrieval System, a partial compilation of general orders issued during the Vietnam era maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders pertaining to the applicant’s second award of the ARCOM. REFERENCES: 1. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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. Ratings of “Unknown” for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in GO. 2. Army Regulation 600-8-22 (Military Awards) states 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. 3. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The governing Army regulation states for personal decorations (which include the ARCOM) formal recommendations, approval through the chain of command, and announcement in orders are required. The certificates the applicant provided in conjunction with the letter referencing award of the ARCOM with OLC supports correction of his DD Form 214 to show these awards. 2. Award of the Army Good Conduct Medal required the enlisted person to have had all “excellent” conduct and efficiency ratings. The applicant had one “Good” conduct rating, which is disqualifying. 3. DAGO Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the applicant’s unit when he was assigned to the unit. This award is not reflected on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160010346 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010346 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2