RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 May 2008
DOCKET NUMBER: AR20080000433
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 (Report of Transfer or Discharge) for the period ending 9 October 1969 to show the Army Commendation Medal.
2. The applicant states that this DD Form 214 does not show this medal.
3. The applicant provides a citation for the Army Commendation Medal and a copy of his DD Form 214 for the period ending 9 October 1969.
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 8 September 1966, served as a field artillery operations and intelligence assistant, and was honorably discharged on 31 July 1967 to accept a commission as an officer in the Army. On 1 August 1967, he was commissioned a second lieutenant and entered active duty. He was assigned to Batteries B and C, 1st Battalion, 8th Artillery of the 25th Infantry Division in Vietnam from 13 July 1968 until he was wounded in action on 26 May 1969 and transferred to the United States on 11 June 1969 for further medical treatment. On 9 October 1969, the applicant was discharged by reason of physical disability.
3. The applicants DD Form 214 for the period ending 9 October 1969 shows the Silver Star, the Bronze Star Medal, the Purple Heart, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Ranger Tab, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation as authorized awards.
4. There are no orders for the Army Commendation Medal in the available records.
5. Item 21 (Awards and Decorations) on the applicants DA Form 66 (Officer Qualification Record) does not show he was awarded the Army Commendation Medal.
6. In support of his claim, the applicant provided a citation for the Army Commendation Medal for the period July 1968 to July 1969.
7. 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 eligible for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.
8. Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after
6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
DISCUSSION AND CONCLUSIONS:
1. There are no orders for the Army Commendation Medal in the available records. In the absence of orders or other evidence of record showing that the applicant was awarded the Army Commendation Medal, the citation provided by the applicant is not sufficient as a basis for award of the Army Commendation Medal. Regrettably, there is insufficient evidence on which to amend his DD Form 214 for the period ending 9 October 1969 to show the Army Commendation Medal.
2. The applicants unit received the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.
3. Evidence shows that the applicants records contain an administrative error which does not require action by the Board. Therefore, administrative correction of the applicants records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
XX____ ___XX____ __XX___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board determined that an administrative error in the records of the individual concerned should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to add the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214 for the period ending 9 October 1969.
___ XX ______
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080000433
4
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BOARD FOR CORRECTION OF MILITARY RECORDS
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