ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 12 May 2020 DOCKET NUMBER: AR20180012220 APPLICANT REQUESTS: through his Congressional representative, award of the Army Commendation Medal for meritorious service for his tour of duty with the 4th Infantry Division in Vietnam during the period October 1966 through August 1967. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Letter from Applicant to Army Review Boards Agency, undated * Letter from Applicant to Congressman K C , undated * Letter from Awards and Decorations Branch, U.S. Army Human Resources Command, to Congressman K C , dated 21 July 2016 * Letter from Awards and Decorations Branch, U.S. Army Human Resources Command, to Applicant, dated 24 May 2018 * Letter from Congressman K C to Applicant, dated 6 July 2018 * Letter, K K , dated 23 July 2018 FACTS: 1. The applicant states: * he believes he was not listed in Headquarters, 4th Infantry Division, General Orders Number 2589, dated 17 August 1967, due to clerical error * he performed the same duties as the Soldiers listed in the general orders * he was awarded the Army Good Conduct Medal and he was never in any trouble of any kind * mistakes happen, as demonstrated by his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) showing his incorrect social security number (SSN) * a clerk made an error regarding his SSN during his first week of service in March 1966 and he reported this error every month of his service * he completed his baccalaureate degree and teaching credentials after his military service * he earned his master's degree and became a high school principal * he knows he served honorably and meritoriously * it was his honor to serve the U.S. Army and to serve in Vietnam * he feels his service will not be complete until this oversight has been corrected 2. He was inducted into the Army of the United States on 8 March 1966. His DD Form 47 (Record of Induction) shows his SSN as . 3. His DA Form 20 (Enlisted Qualification Record) shows his SSN as and the following entries in: * item 22 (Military Occupational Specialties (MOS)) – 71H2O – Personnel Specialist * item 31 (Foreign Service) – 8 September 1966 through 5 August 1967, U.S. Army Pacific (USARPAC) – Vietnam * item 38 (Record of Assignments) – * 8 September 1966, duty MOS 71H2O, 4th Administration Company, 4th Infantry Division, USARPAC * 5 August 1967, en route to Continental United States * conduct and efficiency ratings as "Excellent" in all his assignments * item 41 (Awards and Decorations) – * Republic of Vietnam Campaign Medal * National Defense Service Medal * Vietnam Service Medal * one Overseas service Bar * Army Good Conduct Medal (1st Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 4. He provided Headquarters, 4th Infantry Division, General Orders Number 2589, dated 17 August 1967, showing six Soldiers assigned to the 4th Administration Company, 4th Infantry Division, were awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam for various periods between July 1966 and August 1967. The applicant is not listed. 5. On 26 January 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve to complete his military service obligation. His DD Form 214 shows his SSN as. He completed 1 year, 10 months, and 19 days of total active service. He was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * one overseas service bar * Army Good Conduct Medal (1st Award) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 6. On 7 March 1972, he was honorably discharged from the U.S. Army Reserve Standby Reserve. His discharge orders show his SSN as 7. On 21 July 2016, the U.S. Army Human Resources Command (HRC) Awards and Decorations Branch notified the applicant's Congressman that they were unable to verify the applicant's entitlement for awards of the Purple Heart and Army Commendation Medal. HRC suggested the applicant may pursue award of the Army Commendation Medal under the provisions of Army Regulation 600-8-22 (Military Awards), which allows for referral of an award recommendation by a member of Congress. 8. On 24 May 2018, HRC referenced their previous letter to the applicant's Congressman, dated 21 July 2016, stating they were unable to locate orders reflecting his entitlement to the Army Commendation Medal. HRC suggested the applicant may pursue award of the Army Commendation Medal under the provisions of Army Regulation 600-8-22, which allows for referral of an award recommendation by a member of Congress. 9. On 6 July 2018, the applicant's Congressman notified the applicant that he needed to complete a DD Form 149 and informed him that the Army Review Boards Agency is the only agency that has the authority to correct his military records to show issuance of the Army Commendation Medal. 10. The applicant provided a witness statement from Mr. K K , a former member of the 4th Administration Company, 4th Infantry Division, dated 23 July 2018, wherein he stated: * he has known the applicant for 52 years * they were both inducted into the U.S. Military in March 1966 * they served together in war for 12 months and finished their terms of service in January 1968 * their duties and performance were almost identical * they were awarded the same medals except for the Army Commendation Medal, which is unexplainable * General Orders Number 2589, dated 17 August 1967, awarded the Army Commendation Medal for meritorious service to the Soldiers of the 4th Administrative Company – his name is listed but the applicant's name was omitted * he believes this omission was a clerical mistake * he witnessed the applicant's meritorious and exemplary service as described in his narrative letter to the Board * he strongly urges that the applicant be awarded the Army Commendation Medal to correct the mistake of 50 years ago BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, and evidence in the records. The Board considered the applicant’s statement, his record of service to include service in Vietnam, his conduct and efficiency ratings while in Vietnam, the unit award orders he provided, the witness statement from a fellow Soldier and his awards as reflected on his DD Form 214. Based on a preponderance of evidence, the Board determined that the applicant was entitled to award of an Army Commendation Medal for meritorious service while in Vietnam. 2. After reviewing the application and all supporting documents, the Board found that relief warranted. 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, in addition to the corrections stated in the Administrative Note(s) that follow, the Board recommends that all Department of the Army records of the individual concerned be corrected by: - awarding him an Army Commendation Medal for Meritorious Service while in Vietnam for the period September 1966 to August 1967, and; - add ARCOM to his DD form 214 (item 24) for the period of service ending 26 January 1968. 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 NOTE(S): 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. The applicant is authorized this unit award. REFERENCES: 1. Army Regulation 672-5-1 (Awards), in effect at the time, provided the primary purpose of the awards program was to provide tangible evidence of public recognition for acts of valor and for exceptional service or achievement. a. Paragraph 18c (Determination of Eligibility) provided that local commanders would determine eligibility of members of their command for awards from personnel records and other records available to them. When insufficient documentation existed concerning awards to an individual, the commander could request needed information from The Adjutant General. b. Paragraph 33 (Army Commendation Medal) provided that the Army Commendation Medal was 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, distinguished himself by heroism, meritorious achievement, or meritorious service. c. Appendix VII (Preparation of DA Form 638) provided that all recommendations for decorations should be prepared on DA Form 638. This form was used to recommend decorations for heroism, meritorious service, or meritorious achievement. All recommendations for decorations were forwarded to Department of the Army for approval. 2. Army Regulation 600-8-22 (Military Awards), currently in effect, provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations. a. Paragraph 1-14 (Time Limitation) provides that a Member of Congress can request consideration of a proposal for the award or presentation of decoration, either for an individual or unit, that is not otherwise authorized to be presented or awarded due to limitations established by law or policy. Based upon such review, the Secretary of the Army will make a determination as to the merit of approving the award or presentation of the decoration and other determinations necessary to comply with congressional reporting requirement. Time limits do not apply to records corrected by the Secretary of the Army acting through the Army Board for Correction of Military Records. b. Paragraph 1-14h provides that preparing an award recommendation years after an action has occurred can be a challenge. However, the requestor is solely responsible for assembling a complete award recommendation package, which is submitted through a Member of Congress to the Commander, HRC. //NOTHING FOLLOWS//