Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080019849
Original file (20080019849.txt) Auto-classification: Approved

		IN THE CASE OF:	 

		BOARD DATE:	      12 MAY 2009

		DOCKET NUMBER:  AR20080019849 


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 award of the Army Commendation Medal with First Oak Leaf Cluster and the Air Medal be added to his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states that he did not receive a DD Form 215 (Correction to
DD Form 214) showing that these awards were added.

3.  The applicant provides a copy of his DD Form 214, an Air Medal order, and two ARCOM orders 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 applicant’s 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 applicant’s 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 he enlisted in the Regular Army on 
23 February 1966.  He reenlisted on 23 December 1968 and was honorably discharged from active duty on 24 June 1974.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with an effective date of 24 June 1974 shows the following:  National Defense Service Medal; Expert Marksmanship Qualification Badge with Rifle Bar (M14); Expert Marksmanship Qualification Badge with Rifle Bar (M16); Republic of Vietnam Campaign Medal with Device (1960); Vietnam Service Medal with 1 silver service star and 1 bronze service star; four overseas service bars; Good Conduct Medal, 1st and 2nd Award; Republic of Vietnam Gallantry Cross with Palm Unit Citation; Army Commendation Medal; and the Drill Instructor Badge.  This form does not show award of the Air Medal or the Army Commendation Medal with First Oak Leaf Cluster.

4.  General Orders Number 3258, published by Headquarters, 1st Cavalry Division (Airmobile), dated 14 May 1968, shows that the applicant was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force while assigned in the Republic of Vietnam from May 1967 to May 1969.  This order is also contained in the applicant's Official Military Personnel File (OMPF).

5.  General Orders Number 5080, published by Headquarters,1st Cavalry Division (Airmobile), dated 18 June 1968, shows that the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam from July 1967 to March 1968.  This order is also contained in the applicant's OMPF.

6.  General Orders Number 181, Headquarters, 3rd Brigade (Separate), 1st Cavalry Division (Airmobile), dated 3 February 1972, shows that the applicant was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force while assigned in the Republic of Vietnam from April 1971 to March 1972.  This order is contained in the applicant's OMPF.

7.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.




DISCUSSION AND CONCLUSIONS:

1.  General Orders verify that the applicant is entitled two awards of the Army Commendation Medal.  The applicant's DD Form 214 already shows one award of the Army Commendation Medal; therefore, his records should be corrected to show the Army Commendation Medal with First Oak Leaf Cluster.

2.  General Orders verify that the applicant was awarded the Air Medal.  Therefore, his records should be 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:

   a.  deleting from item 26 of the applicant's DD Form 214 the Army Commendation Medal; and
   
b.  adding to item 26 of the applicant's DD Form 214 the Army Commendation
Medal with First Oak Leaf Cluster and the Air 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)                                         AR20080019849



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019849



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100027864

    Original file (20100027864.txt) Auto-classification: Approved

    The applicant states the following awards which are entered on his DA Form 20 (Enlisted Qualification Record) are missing from his DD Form 214: * Air Medal with one oak leaf cluster * three overseas service bars * two Air Medals with "V" Devices * Army Commendation Medal and Army Commendation Medal with oak leaf cluster * Aircraft Crewmember Badge 3. General Orders Number 8625, HQ, 1st Cavalry Division (Airmobile), dated 17 July 1968, awarded him the Army Commendation Medal for meritorious...

  • ARMY | BCMR | CY2012 | 20120005438

    Original file (20120005438.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect all awards and decorations earned, including the: * Bronze Star Medal with 2nd Oak Leaf Cluster with "V" Device * Army Commendation Medal with 1st Oak Leaf Cluster with "V" Device * Purple Heart with 1st Oak Leaf Cluster * Combat Infantryman Badge 2. He should be awarded the Army Good Conduct Medal (1st Award) for the period 14 March 1968 to 22 February 1970...

  • ARMY | BCMR | CY2011 | 20110004636

    Original file (20110004636.txt) Auto-classification: Approved

    He completed 3 years of total active service. Therefore, his DD Form 214 should be corrected to show these unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Air Medal with third oak leaf cluster, and b. adding to item 24 of his DD Form 214 the: * Air Medal with Numeral 16 and with "V" Device * Meritorious Unit Commendation (2nd Award) * Republic of Vietnam...

  • ARMY | BCMR | CY2011 | 20110006460

    Original file (20110006460.txt) Auto-classification: Approved

    The applicant states, he was awarded the Air Medals during his service in the Republic of Vietnam; however, they are not reflected on his DD Form 214. Therefore, there is sufficient evidence upon which to base correction of his DD Form 214 to show award of the Air Medal (with numeral 3). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and b. adding...

  • ARMY | BCMR | CY2008 | 20080017252

    Original file (20080017252.txt) Auto-classification: Approved

    Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. The applicant requests that the Air Medal with 26 Oak Leaf Clusters, the Purple Heart, the Army Commendation Medal and the Republic of Vietnam Gallantry Cross with Bronze Star be added to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2007 | 20070009163

    Original file (20070009163.txt) Auto-classification: Approved

    The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show a second award of the Purple Heart (in effect, a Purple Heart with Oak Leaf Cluster). The applicant's records show that he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Purple Heart with Oak Leaf Cluster for wounds the applicant...

  • ARMY | BCMR | CY2009 | 20090009175

    Original file (20090009175.txt) Auto-classification: Approved

    This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s 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. However, orders show the applicant received two awards of the Air Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the entries "Bronze Star Medal,"...

  • ARMY | BCMR | CY2012 | 20120005434

    Original file (20120005434.txt) Auto-classification: Approved

    Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 27 May 1964 through 21 May 1966 and to correct his DD Form 214 to show this award. Based on his service in Vietnam from 17 August 1965 through 19 May 1966, he is authorized the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2014 | 20140021202

    Original file (20140021202.txt) Auto-classification: Approved

    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 Silver Star and the Combat Infantryman Badge or Combat Action Badge. The applicant's record contains: a. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 15 May 1968 through 14 May 1970; b. deleting from his DD...

  • ARMY | BCMR | CY2010 | 20100009451

    Original file (20100009451.txt) Auto-classification: Approved

    The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit. The evidence of record shows the applicant's SSAN is incorrect by one digit; however, his SN is correct on the general order. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. correcting Headquarters, 1st Cavalry Division (Airmobile),...