IN THE CASE OF:
BOARD DATE: 28 October 2008
DOCKET NUMBER: AR20080013239
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 award of the Air Medal (AM), the Army Commendation Medal (ARCOM), and the Cold War Medal (sic).
2. The applicant states, in effect, that his record is incomplete.
3. The applicant provides correspondence written to him by the Army Review Boards Agency, Arlington, Virginia, Army Review Boards Agency St. Louis, Missouri, the Huntington Vet Center; and a copy of one page of his DA Form 20 (Enlisted Qualification Record).
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 has requested award of the Cold War Recognition Certificate. The Award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to CDR, AHRC, Cold War Recognition, Hoffman II, Attn: AHRC-CWRS, 3N45, 200 Stovall Street, Alexandria, VA 22332-0473. Based on this information, the applicants request for the Cold War Recognition Certificate will not be further discussed in this Record of Proceedings.
3. On 3 November 1969, the applicant enlisted in the Regular Army for a period of 3 years. He was trained in, awarded, and served in military occupational specialty (MOS) 36K (Field Wireman). He attained the grade of specialist/E-4. On 10 November 1970, the applicant reenlisted for a period of 4 years. He was issued a DD Form 214 covering his first period of honorable service.
4. The applicant served in the Republic of Vietnam (RVN) from 12 August 1970 through 14 March 1972.
5. On 8 September 1972, the applicant was discharged under the provisions of chapter 10 of Army Regulation 635-200, by reason of for the good of the service -in lieu of trial by court-martial. His service was characterized as general, under honorable conditions. His DD Form 214 shows that he was reduced to the lowest enlisted grade (private/E-1) and that he had 95 days of lost time due to being absence without leave (AWOL).
6. General Orders Number 1790, Department of the Army (DA), Headquarters (HQ), 1st Aviation Brigade, dated 23 June 1972, awarded the applicant the AM with Numeral 3. This award is not shown on his DD Form 214.
7. General Orders Number 733, DA, HQ, 1st Aviation Brigade, dated 10 March 1972, awarded the applicant the ARCOM for meritorious service from 11 August 1970 through 11 March 1972. This award is not shown on his DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. General Orders awarded the applicant the AM with Numeral 3. Therefore, he is entitled to have his record corrected to show this award.
2. General Orders awarded the applicant the ARCOM. Therefore, he is entitled to have his record corrected to show this award.
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 already-awarded AM with Numeral 3 and the ARCOM to his DD Form 214, with an effective date of 8 September 1972.
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) AR20080013239
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ABCMR Record of Proceedings (cont) AR20080013239
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