ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 2 April 2019 DOCKET NUMBER: AR20160012833 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding: * Army Commendation Medal (2nd Award) * two Bronze Service Stars with the Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Commendation (2nd Award) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * DA Form 20 (Enlisted Qualification Record) * Excerpts from Department of Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he should have the awards listed above on his DD Form 214. 3. The available records are sufficient to establish his eligibility for the Vietnam Service Medal with two Bronze Service Stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Meritorious Unit Commendation (2nd Award). These items will be administratively added to his DD Form 214 and will not be considered by the Board. The Board will consider his request to add the Army Commendation Medal (2nd Award) to his DD Form 214. 3. On 10 April 1969, he enlisted in the Regular Army. 4. His records show he was assigned to the 3d Ordinance Battalion, Vietnam, from 25 August 1970 through 27 March 1971 and to the 59th Ordinance Detachment, Vietnam, from 28 March 1971 through 16 November 1971. He participated in two campaigns during this period. 5. General Orders Number 949, Headquarters, U.S. Army Support Command, Saigon, Vietnam, dated 3 August 1971, awarded him the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force on 9 February 1971. 6. The DA Form 20 (Enlisted Qualification Record) shows in: a. Item 33 (Appointments and Reductions), no record of rank/grade reduction and no record of any nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice. There is no record of flagging action. b. Item 38 (Record of Assignments), conduct and efficiency ratings of excellent in all positions he held during his military service. c. Item 41 (Awards and Decorations), in part – * Army Commendation Medal (1st Award) for Achievement, authorized by General Order Number 505, Headquarters, U.S. Army Support Command, Da Nang, Vietnam * Army Commendation Medal (1st Oak Leaf Cluster) for Achievement, authorized by General Order Number 505, Headquarters, U.S. Army Support Command, Da Nang, Vietnam 7. He was honorably discharged on 16 November 1971. His DD Form 214 shows one award of the Army Commendation Medal. 9. His records show he was awarded the ARCOM with 1st Oak Leaf Cluster. The DA Form 20 shows General Order Number 505 was entered as the authority for both awards of the ARCOM. This order is neither contained in his military records nor in 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. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant full relief. The applicant’s contentions were carefully considered. Although the applicant’s DA Form 20 shows two ARCOMs with the same order number, his record contains evidence of two separate ARCOM order numbers; GO 949, dated 3 August 1971, and GO 505, not dated. Based upon the preponderance of evidence, the Board agreed to add an additional ARCOM to his DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 amending his DD Form 214 for the period ending 16 November 1971 by deleing the Army Commendation Medal and replacing it with Army Commendation Medal (2nd Award). 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. ADMINISTRATIVE NOTE(S): The applicant is authorized awards and decorations that were not recorded on his DD Form 214. Please correct his record by: a. Awarding him the Army Good Conduct Medal (1st Award) for the period 10 April 1969 to 16 November 1971. b. Deleting from his DD Form 214 the entries "Vietnam Service Medal" and "1 OS Bar." c. Adding to his DD Form 214 the entries – * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two Bronze Service Stars * 2 Overseas Service Bars * Meritorious Unit Commendation (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Army Good Conduct Medal (AGCM) is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. During the period of the applicant's service a Soldier must have had all "excellent" conduct and efficiency ratings and no convictions by court-martial. b. The Army Commendation Medal is awarded to any service 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. Awards of the ARCOM may be made for acts of valor performed under circumstances described above which are of lesser degree than required for award of the BSM. c. The Vietnam Service Medal was awarded to all service members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. One bronze service star is authorized with this medal for each campaign during which a member was assigned or attached to and present for duty with a unit during the period in which it participated in combat. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, established policies and procedures for completion and distribution of the DD Form 214. The instructions for item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) stated to enter decorations, service medals, campaign credits, and badges awarded or authorized from the DA Form 20, omitting authorities cited therein. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) contains a register of unit citations and campaign participation credits for the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to February 1986. a. Table 1 shows Headquarters and Headquarters Company, 3d Ordinance Battalion, was cited for the Meritorious Unit Citation for the period 1 January 1969 through 30 September 1970, in Department of the Army General Orders 50, dated 1971 b. Table 5 shows the 59th Ordinance Detachment was cited for the Meritorious Unit Citation for the period 1 January 1970 through 15 December 1971, in Department of the Army General Orders 5, dated 1973 5. Department of the Army General Orders Number 8, dated 19 March 1974, confirmed 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160012833 2 1