RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 January 2008
DOCKET NUMBER: AR20070011094
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Ms. Catherine C. Mitrano
Director
Mr. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. Curtis L. Greenway
Chairperson
Mr. Joe R. Schroeder
Member
Mr. Qawiy A. Sabree
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his records be corrected to show the award of the Army Commendation Medal (ARCOM).
2. The applicant states he was awarded the ARCOM but it was never recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He would like for his DD Form 214 to be corrected and a copy sent to him.
3. The applicant does not provide any additional documentation.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military service records show that he was inducted and entered active duty on 28 September 1966. He completed all the necessary training and was awarded the military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).
3. He served a tour with Company A, 1st Battalion, 22nd Infantry, 4th Infantry Division in the Republic of Vietnam during the period 27 March 1967 to 4 March 1968.
4. He was honorably released from active duty and transferred to the U. S. Army Reserve Control Group (Annual Training) "USAAC", St. Louis, Missouri on
27 June 1968 after serving a total of 1 year and 9 months of active service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Vietnamese Campaign Medal, two Overseas Service Bars, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge (81mm Mortar Bar). However, it does not show the ARCOM.
6. Headquarters, 4th Infantry Division General Orders Number 899 dated
3 March 1968 shows that the applicant was awarded the ARCOM for meritorious service for action during the period March 1967 to March 1968.
7. A Review of the applicant's records indicates entitlement to additional awards and decorations not shown in item 24 of his DD Form 214.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. This document shows the unit, to which the applicant was assigned, 22nd Infantry, 4th Infantry Division, was cited for an award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 54, dated 1974 and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.
9. The applicant's records show that he was awarded the Vietnam Service Medal. However, his DD Form 214 does not show any bronze service stars indicating campaign credit.
10. Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967), Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968), and Tet Counteroffensive (30 January to 1 April 1968). This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show the ARCOM.
2. Orders show that the applicant was awarded the ARCOM. Therefore, he is entitled to correction of his records to show this award.
3. Evidence shows the applicant is entitled to the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. Therefore, he is entitled to correction of his records to show these foreign unit awards.
4. Evidence shows that the applicant participated in three campaigns during his service in the Republic of Vietnam. Therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal.
BOARD VOTE:
__QAS__ __CLG___ __JRS__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 to show ARCOM, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars to be affixed to his Vietnam Service Medal.
___Curtis L. Greenway__
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
DATE BOARDED
20080115
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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