IN THE CASE OF:
BOARD DATE: 30 December 2008
DOCKET NUMBER: AR20080009675
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his separation document (DD Form 214) be corrected by changing the entry "ARCOM" to "ARCOM with one oak leaf cluster."
2. The applicant states that his DD Form 214 is an important record and should be accurate.
3. The applicant provides his DD Form 214 and Permanent Order 88-9 dated 17 May 1978 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 military records show that he was commissioned and entered active duty on 3 July 1963. He was awarded the area of concentration of maintenance management officer and was promoted to captain. He served in Vietnam from 23 May 1968 to 17 February 1969 and again from 17 November 1970 to 9 November 1971.
3. He was honorably discharged on 1 March 1978. His DD Form 214, Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) lists, in pertinent part, the Army Commendation Medal (ARCOM) and the Vietnam Service Medal (VSM).
4. The applicant was awarded the ARCOM by General Orders Number 178 on 6 October 1970.
5. The applicant was awarded the ARCOM with 1st Oak Leaf Cluster by Headquarters, 9th Infantry Division, Fort Lewis, Washington, Permanent Order 88-9, dated 17 May 1978.
6. Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Those periods applicable to the applicant are: Counteroffensive IV (2 April 1968 through 30 June 1968); Counteroffensive, Phase V (1 July 1968 through 1 November 1968); Counteroffensive, Phase VI (2 November 1968 through 22 February 1969); Vietnam Counteroffensive Phase VII (1 July 1970 through 30 June 1971); and Consolidation I (1 July 1971 to 30 November 1971). A silver service star is authorized in lieu of five bronze service stars.
DISCUSSION AND CONCLUSIONS:
1. The documents contained in the applicant's records and the order provided by the applicant confirms that he was awarded two ARCOMs. As such, he is entitled to have his DD Form 214 corrected to show the Army Commendation Medal with 1st Oak Leaf Cluster.
2. The applicant is also entitled to have his DD Form 214 corrected to add a silver service star to his already-awarded VSM for his participation in five campaign periods during his tours of service in Vietnam.
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:
a. deleting the ARCOM and VSM from Item 26 of his DD Form 214; and
b. adding to his DD Form 214 the Army Commendation Medal with 1st Oak Leaf Cluster and the Vietnam Service Medal with silver service star.
_________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080009675
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ABCMR Record of Proceedings (cont) AR20080009675
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