ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 January 2019 DOCKET NUMBER: AR20170015054 APPLICANT REQUESTS: correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add his Army Commendation Medal (ARCOM). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, 21 July 1968 * ARCOM Certificate 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 respectfully requests the ARCOM for meritorious service be added to his DD Form 214 * the award was not on his original DD Form 214 * he was not aware of the missing medal until he completed his first Veteran Affairs claim in 2017 3. The applicant's DD Form 214, Enlisted Qualification Record, and service records are void of evidence he was awarded the ARCOM. The applicant provides an ARCOM Certificate signed by Brigadier General James G. Kalegris. A review of the website http://www.militarymemorialmuseum.com/museum/Generals/Army_Generals/Lt_General_James_G_Kalergis_5692 shows that General Kalegris was the commander of the artillery for the corps-level organization I Field Force during Vietnam. The applicant was in I Field Force while in Vietnam, during General Kalegris' command. 4. Army Regulation 600-8-22 (Military Awards) states the ARCOM is awarded to those who distinguish themselves by heroism, meritorious achievement, or meritorious service. Award of the ARCOM is done through military orders and a certificate. If the Board does not believe there is enough evidence to award the applicant the ARCOM, the applicant has the right to pursue his claim for the ARCOM by submitting a request through his Member of Congress under the provisions of 10 USC 1130. BOARD DISCUSSION: The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance. The applicant served in Vietnam for a year, promoted twice during his time there, and there were no derogatory information in his records to indicate he was not deserving of an ARCOM end of tour award. The Board finds the ARCOM certificate recognizing the applicant’s service in Vietnam was valid; therefore, the Board grants full relief. 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 by awarding and adding the Army Commendation Medal (1st award). ___________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. ADMINISTRATIVE NOTES: 1. The applicant served in the Republic of Vietnam from 25 July 1967 through 24 July 1968. During that time, he participated in the following campaigns: * Vietnam Counteroffensive, Phase III 1 June 1967 through 29 January 1968 * Tet Counteroffensive 30 January 1968 through 1 April 1968 * Vietnam Counteroffensive, Phase IV 2 April 1968 through 30 June 1968 * Vietnam Counteroffensive, Phase V 1 July 1968 through 1 November 1968 2. The applicant served with Headquarters and Headquarters Battery, I Field Force, a subordinate unit to United States Army, Vietnam. Department of the Army General Orders 8, dated 19 March 1974 awarded the United States Army, Vietnam and its subordinate units the Republic of Vietnam Gallantry Cross Unit Citation for the period of 20 July 1965 through 28 March 1973. The applicant was in the Republic of Vietnam during this time frame. 3. Amend the applicant's DD Form 214 by: * deleting the Vietnam Service Medal * adding the Vietnam Service Medal with 4 Bronze Service Stars * adding the Vietnam Gallantry Cross Unit Citation REFERENCES: 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The ARCOM is awarded to any Servicemember 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. Award of the ARCOM is done through military orders and a certificate. 3. Title 10, U.S. Code, section 1130 (10 USC 1130) provides: a. The legal authority for consideration of proposals for decorations not previously submitted in a timely fashion. Upon the request of a Member of Congress, the Secretary concerned shall review a proposal for the award of or upgrading of a decoration. Based upon such review, the Secretary shall determine the merits of approving the award. b. The request, with a DA Form 638 (Recommendation for Award), must be submitted through a Member of Congress to: Commander, U.S. Army Human Resources Command (AHRC-PDP-A), 1600 Spearhead Division Avenue, Fort Knox, KY 40122. The unit must be clearly identified, along with the period of assignment and the recommended award. A narrative of the actions or period for which recognition is being requested must accompany the DA Form 638. Requests should be supported by sworn affidavits, eyewitness statements, certificates, and related documents. Supporting evidence is best provided by commanders, leaders, and fellow Soldiers who had personal knowledge of the facts relative to the request. The burden and costs for researching and assembling supporting documentation rest with the applicant. ABCMR Record of Proceedings (cont) AR20170015054 4 1