IN THE CASE OF:
BOARD DATE: 27 August 2009
DOCKET NUMBER: AR20090005495
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 that his award of the Army Commendation Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 23 December 1968.
2. The applicant states he was awarded the Army Commendation Medal but his DD Form 214 does not show the award.
3. The applicant provides copies of his citation for the Army Commendation Medal, his certificate for the Army Commendation Medal, and his DD Form 214 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 personnel records show he enlisted in the Regular Army on 7 January 1966 for a period of 3 years. He completed basic combat training and advanced individual training and was awarded the military occupational specialty 72B (Communications Center Specialist).
3. The applicant was assigned to Company C, 125th Signal Battalion, in the Republic of Vietnam during the period from 26 February 1967 to 17 February 1968.
4. Headquarters, 25th Infantry Division, General Orders Number 524, dated 5 February 1968, awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile force during the period from February 1967 to February 1968.
5. On 23 December 1968, the applicant was released from active duty. He had completed 2 years, 11 months, and 17 days of active service that was characterized as honorable. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 does not show he was awarded the Army Commendation Medal.
6. On 11 February 2008, the applicant was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) that added three awards to his DD Form 214. However, his Army Commendation Medal was not among those awards added.
DISCUSSION AND CONCLUSIONS:
Orders from Headquarters, 25th Infantry Division, show the applicant was awarded the Army Commendation Medal. Therefore, it is appropriate to add this award to his DD Form 214.
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 amending item 24 of his DD Form 214 to add the Army Commendation Medal.
___________x______________
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) AR20090005495
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090005495
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140000490
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 Good Conduct Medal, Army Commendation Medal with "V" Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. The applicant provided Headquarters, 25th Infantry Division, General Orders Number 1554, dated 25 March 1968, awarding him the Army Commendation...
ARMY | BCMR | CY2014 | 20140000490
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 Good Conduct Medal, Army Commendation Medal with "V" Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. The applicant provided Headquarters, 25th Infantry Division, General Orders Number 1554, dated 25 March 1968, awarding him the Army Commendation...
ARMY | BCMR | CY2014 | 20140007239
His DA Form 20 shows in: * Item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings throughout his period of service; there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service * Item 41 (Awards and Decorations) lists all the awards listed on his DD Form 214 and the following: * Army Commendation Medal awarded by SO Number 419, Headquarters, 25th Infantry Division, on 4 February 1968 *...
ARMY | BCMR | CY2010 | 20100011999
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded one Purple Heart, the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the: *...
ARMY | BCMR | CY2010 | 20100021817
The PH and SS are not included in the list of awards in item 41 of his DA Form 20, and his record is void of any orders or other documents that show he was ever recommended for or awarded either of these awards by proper authority while serving in the RVN. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure: * NDSM * VSM *...
ARMY | BCMR | CY2010 | 20100015883
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 May 1968 to add: * Army Good Conduct Medal * Vietnam Service Medal with two of three bronze service stars * Combat Infantryman Badge * Marksmanship Qualification Badge (M-60 Machine Gun) * Army Commendation Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions First Class Honor Medal Unit Citation *...
ARMY | BCMR | CY2010 | 20100018382
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 September 1969 to show award of: * Purple Heart * Combat Infantryman Badge * Army Commendation Medal with "V" Device (1st Oak Leaf Cluster) * Republic of Vietnam (RVN) Campaign Medal with Device (1960) * RVN Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification...
ARMY | BCMR | CY2008 | 20080006409
The applicant states, in effect, that his DD Form 214 does not show award of the Purple Heart for injuries he received on 12 February 1968. This document shows that, at the time of the applicants assignment to the 2nd Battalion, 22nd Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 based on Headquarters, Department of the Army General Orders Number 21, dated 1969. However, there are no...
ARMY | BCMR | CY2014 | 20140003415
The applicant requests the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 20 September 1969: a. change his date of birth to read 9 March ****; and b. add the following awards: * "Air Medal (W/DIV)" * "ARCOM [Army Commendation Medal] (W/DIV)" * Army Good Conduct Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. b. Paragraph 53 stated to enter all decorations, service medals, campaign...
ARMY | BCMR | CY2014 | 20140012327
The applicant states: * he extended his tour in Vietnam for 2 months * his DD Form 214 shows he served in Vietnam for only 11 months and 27 days * he served in Vietnam from April 1967 to June 1968 * he was only at Fort Hood, TX, for 4 months upon his return from Vietnam, but his DD Form 214 shows he was there for 6 months * he needs his DD Form 214 to show his correct foreign service credit for his Department of Veterans Affairs claim 3. The instructions stated to enter the total period of...