IN THE CASE OF: BOARD DATE: 13 May 2010 DOCKET NUMBER: AR20090019369 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his records be corrected to reflect award of the Army Commendation Medal (ARCOM), driver's award, and his unit citation. 2. The applicant states he was awarded the ARCOM, a driver's award, and a unit citation; however, he departed Vietnam before they could be entered on his records. 3. The applicant provides no additional documents with his application. CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant was inducted into the Army of the United States on 26 September 1967. He completed his training at Fort Hood, Texas, and was transferred to Vietnam on 16 October 1968 for assignment to Battery A, 2d Battalion, 35th Artillery Group. He was advanced to the pay grade of E-4 on 22 February 1969. 3. He departed Vietnam on 15 October 1969 and he was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) on 17 October 1969 as an overseas returnee. He had served 1 year, 11 months, and 25 days of total active service and he had 27 days of lost time due to being absent without leave (AWOL). His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, and the Vietnam Service Medal (VSM). 4. A review of the applicant's official records as well as a search of the U.S. Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System, a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era, failed to contain an order awarding the applicant the ARCOM. There is also no evidence of a driver's award in his records. 5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This pamphlet shows the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation. Additionally, the applicant participated in four campaigns in Vietnam. 6. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service medal for each credited campaign participation. DISCUSSION AND CONCLUSIONS: 1. While the sincerity of the applicant's claim that he was awarded the ARCOM and a driver's award is not in doubt, the applicant has failed to show in the form of orders and the evidence of record that he was, in fact, awarded these awards. Accordingly, there appears to be no basis to add these awards to his records at this time. 2. However, the evidence of record does show he is entitled to award of the RVNGC with Palm Unit Citation and four bronze service stars to be worn on his already-awarded VSM and to have them added to his records as well. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __X_____ __X____ ___X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 adding to his DD Form 214 the RVNGC with Palm Unit Citation and four bronze service stars to be worn on his already-awarded VSM and by providing him a document to show these corrections. 2. The Board further determined that 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 an ARCOM and a driver's award to his records. 3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms. __________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. ABCMR Record of Proceedings (cont) AR20090019369 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090019369 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1