RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 4 April 2008
DOCKET NUMBER: AR20070018898
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.
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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, that the Army Commendation Medal (ARCOM) be added to his record and the list of awards contained on his
10 October 1970 separation document (DD Form 214).
2. The applicant states, in effect, that his ARCOM was not processed in time to be added to his record and DD Form 214.
3. The applicant provides ARCOM orders and certificate in support of 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 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 record shows he was appointed a second lieutenant (2LT) in the United States Army Reserve (USAR) and entered active duty in that status on 11 October 1968.
3. The applicant's Officer Qualification Record (DA Form 66) shows that he served in the Republic of Vietnam (RVN) from 25 September 1969 through
30 March 1970. Item 18 (Record of Assignments) shows that during his RVN tour, he was assigned to the 592nd Transportation Company serving in Specialty 660 (Highway Transportation Officer) as a platoon leader. Item 21 (Awards and Decorations) shows that he earned the National Defense Service Medal (NDSM) and the Vietnam Service Medal (VSM) during his active duty tenure.
4. On 10 October 1970, the applicant was honorably released from active duty after completing 2 years of active military service as a commissioned officer and a total of 2 years and 10 months of active military service. The DD Form 214 he was issued shows he earned the NDSM and the VSM.
5. The applicant provides Headquarters Eastern Area, Military Traffic Management and Terminal Service, Brooklyn, New York, General Orders Number 127, dated 13 October 1970, which awarded him the ARCOM for meritorious service between 13 April and 10 October 1970. He also provides an ARCOM certificate, dated 8 October 1970, which was issued for this award.
6. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-13 contains guidance on the VSM. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. Table B-1 contains a list of RVN campaigns and shows that during the applicant's tenure of assignment, participating credit was granted for the Vietnam Summer-Fall 1969 and the Vietnam Winter-Spring 1970 campaigns.
7. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that during his tenure of assignment in the RVN, the applicants unit (592nd Transportation Company) received the Meritorious Unit Commendation (MUC) for the period 17 January through
31 July 1970. In addition, Department of the Army General Order Number 8, dated in 1974, authorized the award of the RVN Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through
28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the ARCOM should be added to his record and separation document was carefully considered and found to have merit. The applicant provides valid orders that awarded him the ARCOM for meritorious service between 13 April and 10 October 1970. Therefore, it would be appropriate to add this award to his record and to the list of awards contained on his DD Form 214 at this time.
2. The evidence of record also shows that based on his service and campaign participation in the RVN, he is entitled to the MUC, RVN Gallantry Cross with Palm Unit Citation, and 2 bronze service stars with his VSM. Therefore, it would also be appropriate to add these awards to his record and separation document at this time.
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, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 2 bronze service stars for wear on his already-awarded Vietnam Service Medal to his record and separation document; and by providing him a correction to his DD Form 214 that includes these awards.
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