RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 03 April 2008
DOCKET NUMBER: AR20070018928
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:
Ms. Carmen Duncan
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. Jeffrey C. Redmann
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 his records be corrected to show the award of the Army Commendation Medal (ARCOM).
2. The applicant states he was awarded the ARCOM on 14 April 1972, but it is not recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides a copy of his DD Form 214 and Headquarters, U.S. Army Support Command, Saigon, General Orders Number 434 dated 14 April 1972.
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 personnel record shows he was inducted into the Army of the United States on 5 October 1970. He completed the necessary training and was awarded the military occupational specialty (MOS) 74D (Machine Operations Specialist).
3. He served with the 222nd Personnel Service Company during the period
25 July 1971 to 13 April 1972 in the Republic of Vietnam. He was honorably discharged from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training), St. Louis, Missouri on 18 April 1972. He completed
1 year, 6 months, and 14 days of Net Service This Period.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the award of the National Defense Service Medal, Army Good Conduct Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, one Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. However, it does not show the award of the ARCOM.
5. Headquarters, U.S. Army Support Command, Saigon, General Orders Number 434 dated 14 April 1972 shows the applicant was awarded the ARCOM for meritorious service in connection with military operations against a hostile force during July 1971 to April 1972.
6. A Review of the applicant's records indicates entitlement to additional awards and decorations not shown in item 24 of his DD Form 214.
7. 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 that the 222nd Personnel Service Company was awarded the Meritorious Unit Commendation, based on Department of the Army General Order Number 54, dated 1974.
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 that all units assigned in the Republic of Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.
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 Consolidation I (1 July 1971 to 30 November 1971); Consolidation II
(1 December 1971 to 29 March 1972); and Vietnam Cease-Fire (30 March
1972 to 28 January 1973).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show the award of the ARCOM.
2. Orders show the applicant was awarded the ARCOM. Therefore, he is entitled to correction of his records to show this award.
3. The available evidence show the applicant is authorized award of the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his records to show these 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:
__CD __ __LMD__ __JCR___ 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 showing the awards of the ARCOM, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his Vietnam Service Medal.
___Carmen Duncan ___
CHAIRPERSON
ARMY | BCMR | CY2007 | 20070008074
The applicant requests award of the Bronze Star Medal (BSM), the Army Commendation Medal (ARCOM) for Heroism (or ARCOM with "V" Device) and the Combat Action Ribbon. d. General Orders Number 00305, dated 31 December 1971, published by Headquarters, 196th Infantry Brigade awarding the BSM to the applicant for meritorious service in connection with military operations against a hostile force for the period 20 January 1971 through 1 January 1972. e. The BSM citation, which supports and...
ARMY | BCMR | CY2010 | 20100029320
The applicant's military records show he enlisted in the Regular Army in pay grade E-1 on 20 April 1971 for 3 years. He was assigned to the U.S. Army Data Service Center from 7 December 1971 through 21 April 1972 and the 222nd Personnel Service Company from 22 April through 23 June 1972. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 20 April 1971...
ARMY | BCMR | CY2013 | 20130014343
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (ARCOM) and any other awards to which he is entitled. Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. ...
ARMY | BCMR | CY2014 | 20140005899
GO Number 81, issued by Headquarters, Second Regional Assistance Command, on 1 August 1972, awarded him the Bronze Star Medal for meritorious service from 8 December 1970 to 9 July 1972. The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2015 | 20150004335
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show he was awarded or authorized the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960). Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2001 | 2001064335C070421
The applicant requests that his Report of Transfer or Discharge, DD Form 214, be amended to show he was awarded the Vietnamese Gallantry Cross, three Army Commendation Medals (ARCOMs) to include one for valor, five Bronze Star Medals (BSMs) to include one for valor, 40 Air Medals, the Presidential Unit Citation (PUC), the Meritorious Unit Commendation (MUC), and the Army Aviation Broken Wing Award. Department of the Army Pamphlet 672-3 shows the 8 th Bn, 6 th Arty, 1 st ID was awarded the...
ARMY | BCMR | CY2014 | 20140001722
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Army Commendation Medal (ARCOM), Army Good Conduct Medal (AGCM), Presidential Unit Citation (PUC), and Meritorious Unit Commendation (MUC). Since his DD Form 214 does not show these unit awards, it should be corrected to show them. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2002 | 2002068127C070402
He states that he served as an infantryman from January 1971 to December 1971 with the 173d Airborne Brigade and with the 222nd Aviation Battalion. Orders show that the applicant was awarded the Combat Infantryman Badge during his service in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show this badge. Orders show the applicant was awarded the Pathfinder Badge; therefore he is entitled to correction of his DD Form 214 to show this badge.
ARMY | BCMR | CY2002 | 2002071806C070403
On 14 September 1971, he returned to the United States and was assigned to Ft. There is sufficient evidence in the available records to show that the applicant was awarded two ARCOM’s and the GCM. Therefore, he is entitled to correction of his military records to show this award.
ARMY | BCMR | CY2002 | 2002082358C070215
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) dated 4 June 1971, to show award of the Combat Infantryman Badge (CIB) and award of a second Army Commendation Medal (ARCOM) with “V” Device. The applicant states in effect, that he is entitled to award of the CIB, since he served in a combat unit from approximately June 1970 until January 1971. The orders for his Bronze Star Medal with “V” Device identify him as a member of D Troop, 1st Squadron, 9th...