ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

	BOARD DATE:       29 March 2019

	DOCKET NUMBER:  AR20170011279


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding:

* Army Commendation Medal with "V" Device
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Letter, National Personnel Records Center (NPRC), dated 24 April 2013

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, in effect:

	a.  A letter from National Personnel Records Center shows he had combat service in Vietnam.

	b.  He was denied disability related to Agent Orange from the Department of Veterans Affairs because his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show he was in combat in Vietnam.

	c.  All his combat service records were reportedly lost.

3.  The applicant’s service records support correction of his DD Form 214 to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Service Medal with two bronze service stars; therefore, these items will be administratively corrected and will not be addressed by the Board.  The Board will address the Army Commendation Medal with “V” Device.  

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service), U.S. Army Pacific, Vietnam, 19 January 1972 through 19 January 1973.

	b.  item 41 (Awards and Decorations) – the handwritten entry "ARCOM ‘V’ Device,” with no authority recorded (i.e., orders). 

6.  His DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214), shows his awards as:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* “15th Unnamed Campaign”
* 2 Overseas Service Bars
* Parachutist Badge
* Marksmanship Qualification Marksman Badge with Rifle Bar (M-16)
* Army Good Conduct Medal

7.  A DA Form 1577 (Authorization For Issuance of Awards), dated 13 March 1973, shows Department of the Army, Office of the Adjutant General, Washington, D.C., considered his request for issuance of the Army Commendation Medal with "V" Device, but was unable to locate a record of the receipt of orders announcing the award.  

8.  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, failed to reveal any orders for Army Commendation Medal with "V" Device.

9.  He provided a letter from NPRC, dated 24 April 2013, authorizing shipment of the:

* Army Commendation Medal with "V" Device
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksmanship Marksman Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge – Basic

10.  There are no orders in the available records showing he was awarded the Army Commendation Medal with "V" Device.

BOARD DISCUSSION:

After reviewing the application and supporting documents, the Board determined that partial relief was warranted.  Based upon the administrative note below by the analyst of record, the Board determined that the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Service Medal with two bronze service stars.

However, the Board also found no authoritative source document in the applicant’s service record which would warrant granting him the Army Commendation Medal with V device; therefore the Board recommended that portion of the application be denied.
  
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


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 the applicant’s DD Form 214 to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Service Medal with two bronze service stars.

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 awarding the applicant the Army Commendation Medal (ARCOM) with V Device.  
	 
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):

A review of the applicant's records shows he was authorized awards not shown on his DD Form 214.  As a result, amend the DD Form 214 with an effective date of 20 January 1973 by adding the Vietnam Service Medal with two bronze service stars, and the 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.  It provides that 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.

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 24 stated to enter decorations, etc., awarded or authorized during period covered by the DD Form 214 from section 9 of the DA Form 20 (Enlisted Qualification Record), omitting authorities cited therein.

4.  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.  

ABCMR Record of Proceedings (cont)	 AR20170011279


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