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 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 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
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