ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 September 2019 DOCKET NUMBER: AR20190010456 APPLICANT REQUESTS: in effect correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding the Army Commendation Medal (ARCOM). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal statement dated 22 July 2019 * ARCOM Certificate for the period September 1967 to August 1968 * DD Form 214 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 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 was given the ARCOM Certificate dated 2 August 1968 from his company commander the day he was returning stateside. He was informed that it would have to be processed stateside. 3. The applicant was inducted into the Army of the United States on 7 December 1966 and after subsequent training served a tour in Vietnam assigned to 335th Transportation Company from 24 August 1967 to 23 August 1968. 4. The applicant’s records are void of any orders awarding him an ARCOM. Additionally there is no entry on his DA Form 20 (Enlisted Qualification Record) in item 41 (Awards and Decorations) reflecting an ARCOM. 5. The applicant was released from active duty on 17 August 1968 and transferred to the United States Army Reserve. His DD Form 214 does not show the ARCOM as an authorized award. He did receive the Vietnam Service Medal. 6. The applicant provided a copy of an ARCOM Certificate with an award date of 2 August 1968 citing meritorious service in the Republic of Vietnam during the period September 1967 to August 1968. 7. During the processing of this case, an inquiry was made to the U.S. Army Human Resources Command. An official conducted a search of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 and failed to locate orders for the ARCOM pertaining to the applicant. 8. An additional consideration for the board is the award of the Good Conduct Medal. The evidence of record confirms he served honorably during the period 7 December 1966 to 17 August 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 Army Good Conduct Medal (1st Award). 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, the entries on his DA Form 20 for assignments, conduct and efficiency ratings, the absence of orders for an ARCOM and the reason for his separation. Based on the dates of the award as shown on the Certificate, the Board found sufficient evidence to support the applicant’s award of an ARCOM for service while in Vietnam. Based on a preponderance of evidence, the Board determined that a correction to the applicant’s D Form 214 was appropriate. The Board concurs with the corrections stated in the Administrative Note(s) below. 2. After reviewing the application and all supporting documents, the Board found that relief was 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 amending the DD 214 with an effective date of 17 August 1968 item 24 (Decorations, Medals, Badges…) to add “ARCOM.” 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 is authorized four bronze service stars 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 2. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states the applicant’s unit is authorized two Meritorious Unit Commendations, therefore he is authorized the Meritorious Unit Commendation with one oak leaf cluster for the following periods: * 1 November 1966-31 October 1967, Department of the Army General Orders (DAGO) 48, 1968 * 1 November 1967-31 October 1968, DAGO 39, 1970 3. Department of the Army General Orders Number 8, dated 1974, announced 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. 4. Amend the DD 214 with an effective date of 17 August 1968 by deleting the Vietnam Service Medal and adding: * Vietnam Service Medal with four bronze service stars * Meritorious Unit Commendation with one oak leaf cluster * Republic of Vietnam Gallantry Cross with Palm Unit Citation Based on the applicant’s DA Form 20 Conduct and Ratings add: Army Good Conduct Medal REFERENCES: 1. Title 10, USC, 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 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) states the ARCOM 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 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. 4. Army Regulation 600-8-22 (Military Awards) states 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. 5. Army Regulation 600-8-22 (Military Awards) states the Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944. Units based in the continental United States are excluded from this award, as are other units outside the area of operations. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190010456 4 1