IN THE CASE OF:
BOARD DATE: 16 March 2010
DOCKET NUMBER: AR20090015103
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 award of the Army Commendation Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he received the award after he was discharged from the Army in 1968. He states the award certificate is dated 27 October 1967, but he did not receive it in the mail until after he was discharged. He would like to have it added to his discharge document and his military records.
3. The applicant provides a copy of his DD Form 214, award certificate, and citation for the Army Commendation Medal 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 enlisted in the Regular Army on 12 October 1965 for a period of three years. He served in Germany from March to December 1966. His highest grade attained was specialist four, E-4.
3. The applicant was assigned to Vietnam on 16 February 1967 with Battery B, 1st Battalion, 7th Artillery, 1st Infantry Division.
4. Headquarters, 1st Infantry Division General Orders Number 7452, dated 18 October 1967, show the applicant was awarded the Army Commendation Medal for meritorious achievement on 7 August 1967 in the Republic of Vietnam.
5. The applicant departed Vietnam on 7 August 1967.
6. The applicant was honorably released from active duty on 11 October 1968. His DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device 1960, and the Purple Heart as authorized awards.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This pamphlet shows that at the time of the applicant's assignment to the 1st Battalion, 7th Artillery, 1st Infantry Division, this unit was cited for the following awards:
* Meritorious Unit Commendation by Headquarters, Department of the Army
General Orders (DAGO) Number 17, dated 1968;
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Headquarters, DAGO Number 21, dated 1969; and
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by
DAGO Number 53-70.
DISCUSSION AND CONCLUSIONS:
1. General orders published in October 1967 show the applicant was awarded the Army Commendation Medal for meritorious achievement on 7 August 1967. Therefore, this award should be added to his DD Form 214.
2. The applicant was assigned to the 1st Battalion, 7th Artillery, 1st Infantry Division when this unit was cited for award of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, his records should be corrected to show these awards.
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 to his DD Form 214 the Army Commendation Medal, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
_______ _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) AR20090015103
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ABCMR Record of Proceedings (cont) AR20090015103
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