IN THE CASE OF: BOARD DATE: 19 September 2023 DOCKET NUMBER: AR20220011301 APPLICANT REQUESTS: correction of his DD Form 214(Armed Forces of the United States Report of Transfer or Discharge) to show the Army Commendation Medal. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • DD Form 214 • Front Page of USARV Form67-R (Recommendation for Decoration for Valor or Merit) • Proposed Citation • Special Orders Number 155, Combat Infantryman Badge FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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 earned the award, but it was never presented. 3. The applicant’s service records are not available for review. An exhaustive search was conducted to locate his service records, but they could not be found. However, the applicant provides sufficient documents in a reconstructed records for the Board to complete and fair and impartial evaluation of his case. 4. The applicant’s DD Form 214 shows: a. He was inducted into the Army of the United States on 16 Marc 1966. At the time of separation, he held military occupational specialty 11B, Light Weapons Infantryman. b. He served in the U.S. Army Pacific for 11 months and 27 days. c. He was honorably released from active duty on 15 March 1968 after completing 1 year, 11 months, and 28 days of active service. His DD Form 214 shows he was awarded or authorized: • National Defense Service Medal • Republic of Vietnam Campaign Medal with 1960 Device • Vietnam Service Medal with 2 bronze service stars • Combat Infantryman Badge • Overseas service bar • Expert Badge with Rifle Bar (M-14) d. He provides Special Orders Number 155, issued by Headquarters, 4th Infantry Division, on 4 June 1967, awarding him the Combat Infantryman Badge. e. In addition to a citation, the applicant provides the front page of a USARV Form 57-R. The front page was used to recommend a Soldier for an award (valor or merit). The back page was used for a narrative description (what a Soldier actually did), recommendations of the chain of command, and approval authority’s decision. The front page of the form provided by the applicant shows the commanding officer of the Security Platoon, 52nd Security Detachment, 52nd Aviation Battalion, forwarded a recommendation for award of the Army Commendation Medal through the chain of command to the Commanding General of 1st Aviation Brigade, for the applicant’s service from 22 November 1966 to 21 November 1967. It reads in pertinent part: Specialist Four [Applicant] distinguished himself by meritorious service during operations against an armed hostile force while serving as a member of the 52nd Security Detachment in the Republic of Vietnam. Applicant has displayed exceptionally sound and mature judgment, displaying the highest professional knowledge and devotion to duty. The tireless effort of [Applicant] has earned him the respect of both superiors and subordinates with whom he has served. 5. The general orders that confirmed the applicant’s award of the Army Commendation Medal are not available for review (since his service records are not available for review). BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicant’s request, supporting documents, and evidence in the records. Although the applicant’s service records are not available for review, the Board noted other evidence shows the applicant served in Vietnam from 22 November 1966 to 21 November 1967. He provides a recommendation for award of the Army Commendation Medal with a proposed citation for his service in Vietnam during this period. It is unclear of the award was approved and/or the general orders had been published. Nevertheless, given the chaos of the Vietnam War and lack of complete administrative support, he Board, was persuaded by his evidence and determined it to be sufficient to add award of the Army Commendation Medal to his DD Form 214. Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This foreign award should be added to his DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 xx: xx: xx: 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 adding the Army Commendation Medal and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD 214: 9/19/2023 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. 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 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) states 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. Department of the Army General Orders (DAGO) Number 46, dated 1969, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to 52d Security Platoon (Provisional) for service from 27 March 1967–17 May 1968. //NOTHING FOLLOWS//