SAMA-RB 13 February 2017 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for, AR20160012021 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 24 January 2017, in which the Board members unanimously recommended denial of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief . Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by reissuing the applicant's DD 214 to include award of the Army Commendation Medal (ARCOM). 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 13 June 2017. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY Deputy Assistant Secretary of the Army (Review Boards) BOARD DATE: 24 January 2017 DOCKET NUMBER: AR20160012021 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 24 January 2017 DOCKET NUMBER: AR20160012021 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20130013272, dated 19 March 2014. ____________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: 24 January 2017 DOCKET NUMBER: AR20160012021 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 reconsideration of his earlier request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM) through his Member of Congress. 2. The applicant states: a. He was handed an ARCOM Certificate upon his release from the Army. Many years later he realized the award was not reflected on his DD Form 214. He filed an application to correct his military records, but his request was denied because there were no ARCOM orders, only a recommendation for the award. b. He is frustrated because he has the original certificate and he doesn't want anyone to think he obtained it fraudulently. c. At this point, he does not consider the ARCOM as having been duly awarded to him and he will never represent it otherwise unless his records can be changed. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130013272 on 19 March 2014. 2. The applicant's request is being reconsidered by the Board due to the inquiry from his Congressional representative. 3. The applicant enlisted in the Regular Army on 31 July 1968 for a period of 2 years. He completed his training and was awarded military occupational specialty 13E (Cannon Fire Direction Specialist). 4. He arrived in Vietnam on 17 March 1969. He departed Vietnam en route to the United States on 9 March 1970. Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned as follows: * 24 March 1969-31 October 1969, Headquarters and Headquarters Battery, 41st Artillery Group * 1 November 1969-8 March 1970, Headquarters and Headquarters Battery, 7th Battalion, 13th Artillery Regiment 5. His records contain orders showing he was advanced or promoted in rank as follows: * private first class effective 26 March 1969 by Headquarters and Headquarters Battery, 41st Artillery Group, Unit Orders Number 15, dated 26 March 1969 * specialist four (temporary) effective 9 July 1969 by Headquarters and Headquarters Battery, 41st Artillery Group, Unit Orders Number 33, dated 9 July 1969 * specialist five (temporary) effective 17 December 1969 by Headquarters , 7th Battalion, 13th Artillery Regiment, Special Orders Number 292, dated 17 December 1969 6. His records contain a memorandum from the Commander, Headquarters and Headquarters Battery, 41st Artillery Group, dated 15 October 1969, subject: Feeder Information for ARCOM. This memorandum states the applicant distinguished himself by exceptionally meritorious service while serving as draftsman for the 41st Artillery Group during the period 26 March 1969 to 15 October 1969. 7. He provided an ARCOM Certificate, dated 1 March 1970, showing he was awarded the ARCOM for meritorious service in the Republic of Vietnam during the period 17 March 1969 to 27 February 1970. 8. Item 41 (Awards and Decorations) of his DA Form 20 does not show award of the ARCOM. 9. On 11 March 1970, he was honorably released from active duty. 10. His DD Form 214 does not show the ARCOM as an authorized award. 11. There are no orders for award of the ARCOM in his available records. 12. 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 U.S. Army Human Resources Command Awards and Decorations Branch, failed to reveal any orders for the ARCOM pertaining to the applicant. 13. On 19 March 2014, the ABCMR denied his request for correction of his DD Form 214 to show award of the ARCOM based on the absence of orders. The Board determined the ARCOM Certificate he provided was insufficient in and of itself to add the ARCOM to his DD Form 214. 14. On 30 May 2014, the ABCMR denied his request for reconsideration because he did not provide new evidence or a new argument. REFERENCES: 1. 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. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. a. Paragraph 2-8 states the ABCMR staff will review each application to determine if it meets the criteria for consideration by the ABCMR. The application may be returned without action if no new evidence was submitted with a request for reconsideration. b. Paragraph 2-15 states an applicant may request reconsideration of an ABCMR decision under the following circumstances: (1) If the ABCMR receives the request for reconsideration within 1 year of the original decision and if the ABCMR has not previously reconsidered the matter, the ABCMR staff will review the request to determine if it contains evidence (including, but not limited to, any facts or arguments as to why relief should be granted) that was not in the records at the time of the prior consideration. If new evidence has been submitted, the request will be submitted to the ABCMR for determination whether the new evidence is sufficient to demonstrate material error or injustice. If no new evidence is found, the ABCMR staff will return the application without action. (2) If the ABCMR receives a request for reconsideration more than 1 year after the original decision or after the ABCMR has already considered one request for reconsideration, the case will be returned without action and the applicant will be advised that the next remedy is appeal to a court of appropriate jurisdiction. DISCUSSION: 1. The applicant served in Vietnam from 17 March 1969 through 9 March 1970. 2. He was assigned to Headquarters and Headquarters Battery, 41st Artillery Group, from 24 March 1969 through 31 October 1969. 3. His records contain a memorandum from the Commander, Headquarters and Headquarters Battery, 41st Artillery Group, providing feeder information for the ARCOM for meritorious service during the period 26 March 1969 to 15 October 1969. He provided an ARCOM Certificate for meritorious service in the Republic of Vietnam during the period 17 March 1969 to 27 February 1970. The period shown on the certificate corresponds to his period of service in the Republic of Vietnam. The available records do not contain orders awarding him the ARCOM. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012021 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012021 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2