IN THE CASE OF: BOARD DATE: 17 November 2023 DOCKET NUMBER: AR20230004841 APPLICANT REQUESTS: in effect, correction of DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 29 August 1972 to show he was awarded the Army Commendation Medal (ARCOM). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • ARCOM Certificate • ARCOM Citation • DD Form 214 for the period ending 29 August 1972 • Honorable Discharge Certificate FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the 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 wants a correction to his DD Form 214 to reflect he was awarded the ARCOM award while on active duty service. 3. The applicant provides the following documents: a. An ARCOM Certificate which shows he was issued the Certificate on 28 June 1972 for meritorious service in the Republic of Vietnam from January 1972 to August 1972. b. An ARCOM Citation, which was presented to the applicant for exceptionally meritorious service in support of military operations against communist aggression in the Republic of Vietnam during the period of January 1972 to August 1972. 4. A review of the applicant’s service record shows the following documents: a. DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 26 January 1971. b. His DA Form 20 (Enlisted Qualification Record) shows the following in: • Item 31 (Foreign Service): “5 Jan 1972 thru 28 Aug 1972 USARPAC-Vietnam” • Item 38 (Record of Assignments): o 24 November 1971: Enroute to USARPAC o 10 January 1972 to 14 January 1972: Headquarters and Headquarter Command, 1st Battalion, 7th Calvary, 3rd Brigade o 15 January 1972 to 3 August 1972: 1st Calvary Division (Airmobile (AM)) USARPAC/Company E, 1st Battalion, 7th Calvary, 3rd Brigade, 1st Calvary Division (AM) USARPAC • Item 41 (Awards and Decorations): does not reflect the award of the ARCOM c. His DD Form 214 for the period ending 29 August 1972 shows he was honorably discharged and transferred to the U.S. Army Reserve. He completed 1 year, 7 months, and 4 days of net active duty service. It also shows in: • Item 22c (Foreign and/or Sea Service): “USARPAC – 0 7 24” • item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): does not reflect the award of the ARCOM d. His service record is void of orders showing he was awarded a second AGCM. e. His record indicates he is entitled to additional awards that are not shown on his DD Form 214. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was warranted. The Board carefully considered the applicant's contentions, military records, and regulatory guidance. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. The Board noted a properly completed and signed certification and citation attesting to the applicant’s exceptional meritorious service and determined that the applicant met applicable regulatory guidance for the award of the Army Commendation Medal and a recommendation for relief is warranted. 2. Upon further review, the Board found sufficient evidence to grant an award not otherwise requested. As the applicant’s record reflects all “excellent” for conduct and efficiency, in accordance with applicable regulatory guidance, the applicant is eligible for the Army Good Conduct Medal and a correction to his record is warranted. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. 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 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 to show the following awards: • Army Commendation Medal • Army Good Conduct Medal 1/3/2024 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): A review of the applicant’s records shows he is authorized additional awards not listed on his DD Form 214 for the period ending 29 August 1972. As a result, amend his DD Form 214 by adding the following awards: • Vietnam Service Medal with four service stars • Republic of Vietnam Gallantry Cross with Palm 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning individual military decorations. a. 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. A bronze service star will be authorized for wear on the VSM for participation in each credited campaign. b. The Army Commendation Medal is awarded to any service 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. Award may be made to a member of the armed forces of a friendly foreign nation who, after 1 June 1962, distinguishes himself or herself by an act of heroism, extraordinary achievement, or meritorious service, which has been of mutual benefit to a friendly nation and the United States. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit of assignment during his service in Vietnam was cited by Department of the Army General Order (DAGO) Number 8, dated 1974, awarded the RVN 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. //NOTHING FOLLOWS//