IN THE CASE OF:
BOARD DATE: 28 AUGUST 2008
DOCKET NUMBER: AR20080009753
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 correction of his Report of Transfer or Discharge (DD Form 214 to show that he was awarded the Army Commendation Medal.
2. The applicant states that he has been told that having his records corrected to show that he was awarded the Army Commendation Medal will help him with his application for a 100 percent disability rating.
3. The applicant provides no additional documentation 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 was inducted into the Army of the United States on 30 August 1967, in Butte, Montana. He successfully completed his training as an aircraft maintenance repairman. He was transferred to Vietnam on 21 March 1968.
3. General Orders Number 1590, dated 9 April 1969, published by Headquarters, 1st Aviation Brigade awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile force from April 1968 to April 1969.
4. On 13 April 1969, the applicant returned to the Continental United States and he was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, chapter 5, as an overseas returnee. He was transferred to the United States Army Reserve Control Group (Annual Training) to complete his remaining military obligation.
5. The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Air Medal, and the Aircraft Mechanics Badge. However, the Army Commendation Medal was not included on his DD Form 214.
6. 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 unit, to which the applicant was assigned, was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1971 by Department of the Army General Order Number 54, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. An error was made during the preparation of the applicants DD Form 214 which resulted in the omission of the Army Commendation Medal.
2. His records show that General Orders Number 1590 was published on 9 April 1969 awarding him the Army Commendation Medal and this award should be included on his DD Form 214.
3. The applicant is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on General Order Number 54, dated 1974. This award should also be included on his DD Form 214.
4. In view of the foregoing, it would now be in the interest of justice to correct the applicants records as recommended below.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ 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 to show that he was awarded the Army Commendation Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
___ XXX ___
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) AR20080009753
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