IN THE CASE OF:
BOARD DATE: 18 February 2009
DOCKET NUMBER: AR20080012869
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal.
2. The applicant states that the award was omitted from his DD Form 214.
3. The applicant provides a copy of a citation showing award of the Army Commendation Medal; a copy his DD Form 214, dated 16 April 1970; and a copy of his DD Form 215 (Correction to DD Form 214), dated 22 May 1999, in support of his request.
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 records show he enlisted in the Regular Army for a period of 2 years on 21 May 1968. He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 31M (Multichannel Communications Equipment Operator). The highest rank/grade he attained during his military service was sergeant (SGT)/E-5. He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 16 April 1970.
3. The applicants records show he served in the Republic of Vietnam from 26 July 1969 to 15 April 1970. He was assigned to Company B (later re-designated as the 275th Signal Company), 36th Signal Battalion.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Bronze Star Medal, and the Parachutist Badge. Item 24 does not show award of the Army Commendation Medal.
5. On 22 May 1999, the applicant was issued a DD Form 215 that shows he was awarded one Overseas Service Bar, the Bronze Star Medal with V Device, and the Expert Marksmanship Qualification Badge with Rifle Bar. This DD Form 215 does not show award of the Army Commendation Medal.
6. Headquarters, 1st Signal Brigade, General Orders Number 877, dated 7 April 1970, show the applicant was awarded the Army Commendation Medal for meritorious service while assigned to the 275th Signal Company, 36th Signal Battalion from 26 July 1969 to 4 April 1970 in the Republic of Vietnam.
7. Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Company B, 36th Signal Battalion was awarded the Meritorious Unit Commendation from 1 July 1968 to 31 December
1969 based on Department of the Army General Orders Number 48, dated 1971, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.
9. Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Sumer-Fall 1969 and the Vietnam Winter-Spring 1970 campaigns during his tour of duty in the Republic of Vietnam. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:
1. General orders awarded the applicant the Army Commendation Medal for meritorious service in the Republic of Vietnam which is not shown on his records; therefore, he is entitled to correction of his records to show this award.
2. General orders awarded the applicant's unit of assignment the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his DD Form 214 therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
3. The applicant is also entitled to correction of his DD Form 214 to show award of two bronze service stars to be worn on his already awarded Vietnam Service Medal to represent the two campaigns in which he participated.
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 following awards to the applicant's DD Form 214, dated 16 April 1970:
the Army Commendation Medal, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be worn on the already-awarded Vietnam Service Medal.
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) AR20080012869
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ABCMR Record of Proceedings (cont) AR20080012869
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