ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 October 2019 DOCKET NUMBER: AR20190004943 APPLICANT REQUESTS: in effect the correction of his DD Form 214 (Report of Transfer or Discharge) to show the following awards: * Army Commendation Medal (ARCOM) * Army Good Conduct Medal (AGCM) * Outstanding "LPC," Advanced Individual Training (AIT) award * 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) * DA FORM 4980-14 ARCOM Certificate * Memory Book photos * National Personnel Records Center letter dated 4 February 2019 FACTS: 1. The applicant did not file within the 3 year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) 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 received an ARCOM for service to the 22nd Surgical Hospital after transferring to the 18th Surgical Hospital. His order and letter for the ARCOM were lost during a divorce. Additionally he would like an AGCM, the Republic of Vietnam Gallantry Cross with Palm Unit Citation as well as a "LPC" (AIT Award) added to his DD Form 214. 3. The applicant voluntarily enlisted into the Army of the United States on 29 April 1966. He graduated from military occupational specialty (MOS) 12B (Combat Engineer) school on 30 September 1966, but due to medical issues was subsequently reclassified to MOS 71M (Chaplain’s Assistant). 4. The applicant’s record reflects he volunteered for a tour in Vietnam and was assigned to the 22nd Surgical Hospital and then the 18th Surgical Hospital from 5 December 1968 to 4 December 1968. 5. The applicant’s record is void of any orders awarding him an ARCOM or an AGCM. Additionally there is no entry on his DA Form 20 (Enlisted Qualification Record) in item 41 (Awards and Decorations) reflecting an ARCOM or AGCM. 6. The evidence of record confirms he served honorably during the period 29 April 1966 to 5 December 1968. The DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service. His record shows no evidence indicating he would have been precluded from being awarded the AGCM (1st Award). 7. The applicant was honorably discharged and transferred to the United States Army Reserve on 5 December 1968. His DD Form 214 does not show the ARCOM or the AGCM as an authorized award in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized). He was awarded or authorized the following: * National Defense Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) * Vietnam Service Medal * Vietnam Campaign Medal with Device (1960) 8. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the ARCOM. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command. 9. The applicant provided a photo of a DA Form 4980-14 (ARCOM Certificate) dated 15 November 1968. It reads “For Meritorious Service during the Period September 1967 to December 1968 in the Republic of Vietnam.” The Commanding General, 44th Medical Brigade who signed the award served in that position from 1968-1969. 10. The applicant provided photos from an AIT memory book depicting the awarding of Outstanding “LPC” award. This award is not referenced in Army Regulation (AR) 600-8- 22 (Military Awards). 11. The applicant submitted a letter from the National Personnel Records Center dated 4 February 2019. The letter indicated he was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation. BOARD DISCUSSION: 1. The Board considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service and DA Form 20, including his excellent conduct and efficiency ratings the ARCOM certificate he provided, the applicable awards regulations, and the entries on his DD Form 214. The Board found that the evidence supported award of the AGCM and found that the ARCOM certificate was signed by an appropriate authority and coincided with his service in Vietnam. The Board found that the Outstanding “LPC” award was not referenced in the Military Awards regulation. By preponderance of evidence, the Board determined errors existed on the applicant’s DD Form 214 and that corrections were required. The Board concurred with the corrections stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. 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. In addition to the corrections stated in the Administrative Note(s) that follow, 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: - Awarding the applicant the Army Good Conduct Medal for his service from 1966-1968, and; - Amending his DD Form 214 for the period of service ending 5 December 1968 by adding to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons…) – Army Good Conduct Medal, Army Commendation Medal and the awards listed in the Administrative Note(s) that follow. 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 adding the Outstanding “LPC” 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): 1. After a review of the applicant’s Vietnam tour dates he should be authorized one silver service star to be affixed to his previously awarded Vietnam Service Medal for the following campaigns: * Vietnam Counteroffensive, Phase III, 1 June 1967—29 January 1968. * TET Counteroffensive, 30 January 1968—1 April 1968. * Vietnam Counteroffensive, Phase IV, 2 April 1968—30 June 1968. * Vietnam Counteroffensive, Phase V, 1 July 1968—1 November 1968. * Vietnam Counteroffensive, Phase VI, 2 November 1968—22 February 1969 2. Amend the DD Form 214 as follows: * Delete Vietnam Service Medal * Add Vietnam Service Medal with one silver star in accordance with AR 600-8-22 * Add Republic of Vietnam Gallantry Cross with Palm Device (1960) in accordance with AR 600-8-22 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 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. 3. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. b. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but: * were wounded as a result of hostile action * were captured by hostile forces but later escaped or were rescued or released * were killed in action or otherwise in line of duty c. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. A silver service star is authorized in lieu of five bronze service stars. 4. Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Army Regulation 600-8-22 gives the order of precedence for awards and decorations. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190004943 4 1