RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 April 2008
DOCKET NUMBER: AR20070016539
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show the Army Commendation Medal.
2. The applicant states that the Army Commendation Medal is not listed on a letter, dated 26 October 2007, from the National Personnel Records Center in St. Louis, Missouri.
3. The applicant provides a copy of the National Personnel Records Center letter, dated 26 October 2007, which does not show the Army Commendation Medal as an authorized award; an award certificate and citation for the Army Commendation Medal; and a copy of his DD Form 214.
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 enlisted on 14 November 1966 for a period of 3 years. He served as a personnel specialist assigned to Headquarters Company, U.S. Army Vietnam from 12 March 1968 through 4 September 1968. On 6 September 1968, he was released from active duty.
3. The applicants DD Form 24 shows the National Defense Service Medal, the Vietnam Service Medal, and the Good Conduct Medal as authorized awards.
4. There are no orders for the Army Commendation Medal in the available records. However, the applicant provided an award certificate for the Army Commendation Medal for meritorious service during the period March 1968 to September 1968. This certificate was authenticated by the Commanding General of the Army. The certificate is also signed by Stanley R. Resor as Secretary of the Army. He also provided the award citation.
5. Records show the applicant participated in three campaigns during his assignment in Vietnam.
6. 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 document shows the applicant's unit is authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.
7. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
1. Although there are no orders for the Army Commendation Medal, the award certificate and citation for the Army Commendation Medal are accepted as sufficient basis for adding the Army Commendation Medal to the applicant's DD Form 214. The award certificate is contemporaneous with his date of separation and is signed by the Secretary of the Army at the time.
2. The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.
3. The applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.
BOARD VOTE:
x____ ___x___ ___x___ 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 by adding the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.
__ x________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070016539
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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