RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 April 2008
DOCKET NUMBER: AR20070018628
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the ending period
4 September 1973 to show award of the Army Commendation Medal with 1st Oak Leaf Cluster, the Republic of Vietnam Parachute Badge, and the Republic of Vietnam Technical Service Honor Medal, First Class.
2. The applicant states, in effect, that the above awards were not added to his DD Form 214 at his discharge.
3. The applicant provides his DD Form 214; an Army Commendation Medal certificate, dated 13 August 1973; an Army Commendation Medal citation; a memorandum from the applicant's former commanding officer, dated 16 October 2007; a memorandum from Headquarters, U.S. Army Vietnam, dated
5 December 1971; a memorandum from The Office of The Adjutant General, dated 2 February 1973; and a memorandum from The Republic of Vietnam General Staff Department Armed Force of (the) Republic of Vietnam Airborne Division, dated 10 November 1971.
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 was commissioned as an officer of the U.S. Army Reserve on 31 July 1969 and entered active duty on 14 August 1969.
3. The applicant arrived in Vietnam and was assigned to Headquarters and Headquarters Company, 101st Aviation Group, 101st Airborne Division (Airmobile) on or about 3 February 1971.
4. The applicant provided a memorandum from Headquarters, U.S. Army Vietnam, dated 5 December 1971, that shows he was authorized to accept and wear the Republic of Vietnam Parachute Badge.
5. The applicant departed Vietnam on or about 16 January 1972. He was assigned to A Company, 1st Battalion, 327th Infantry, 101st Airborne Division, Fort Campbell, Kentucky on or about 18 October 1972.
6. The applicant provided a memorandum the Office of The Adjutant General, dated 2 February 1973, that shows he was authorized to accept and wear the Republic of Vietnam Technical Service Honor Medal, First Class.
7. The applicant provided an Army Commendation Medal 1st Oak Leaf Cluster certificate, dated 13 August 1973, for meritorious service during the period October 1972 through July 1973. There are no orders in his records that show he was awarded the Army Commendation Medal with 1st Oak Leaf Cluster.
8. He was released from active duty on 4 September 1973. His DD Form
214 with the period ending 4 September 1973 does not show award of the Army Commendation Medal with 1st Oak Leaf Cluster.
9. The applicant provided a memorandum from his former commanding officer, dated 16 October 2007. The author states that he was the commanding officer of the 1st Battalion, 327th Infantry, 101st Airborne Division from September 1972 to April 1974. He confirms that prior to the applicant's departure from the battalion he presented the Army Commendation Medal with 1st Oak Leaf Cluster to the applicant for serving as a company commander in the battalion.
DISCUSSION AND CONCLUSIONS:
1. There are no orders in the applicants service personnel records which show that he was awarded the Army Commendation Medal with 1st Oak Leaf Cluster. However, the 6 November 2007 letter of support submitted by his former commanding officer and the certificate of the Army Commendation Medal with 1st Oak Leaf Cluster verify he was given the award prior to departing his unit. The evidence is accepted as sufficient to show he was awarded the Army Commendation Medal with 1st Oak Leaf Cluster.
2. Evidence of record shows the applicant was awarded the Republic of Vietnam Parachute Badge and the Republic of Vietnam Technical Service Honor Medal, First Class and that the proper authorities authorized him to accept and wear them. Therefore, his DD Form 214 should be amended to add these awards.
BOARD VOTE:
__TSK __ ___JLP__ __DWT__ 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 amending his DD Form 214 in item 24 to add the Army Commendation Medal with 1st Oak Leaf Cluster, the Republic of Vietnam Parachute Badge, and the Republic of Vietnam Technical Service Honor Medal, First Class.
___ TSK__
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070018628
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
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