IN THE CASE OF:
BOARD DATE: 23 March 2010
DOCKET NUMBER: AR20090016774
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 records be corrected to show his award of the Army Commendation Medal.
2. The applicant states he did not realize that the award was not on his DD Form 214 (Report of Transfer or Discharge) until recently when he applied for a Department of Veterans Affairs home loan.
3. The applicant provides copies of his DD Form 214 and 16 April 1969 Letter Orders.
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 was commissioned an Army Reserve Military Intelligence Officer on 31 July 1964 and ordered to active duty for training on 1 November 1964.
3. He voluntarily extended on active duty to attend additional schooling and was promoted to captain effective 1 May 1967.
4. The applicant served in Vietnam from 30 June 1966 through 28 June 1967 with assignment to Company A, 519th Military Intelligence Battalion.
5. Department of the Army letter orders, dated 16 April 1969, awarded the applicant the Army Commendation Medal for meritorious service from December 1967 to June 1969.
6. The applicant's 19 June 1969 DD Form 214 lists his awards as the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device, and the Bronze Star Medal.
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 document shows that while the applicant was assigned to Company A, 519th Military Intelligence Battalion, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
8. Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal. Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following three campaign periods: the Vietnam Counteroffensive, 25 December 1965 30 June 1966; the Counteroffensive Phase II, 1 July 1966 31 May 1967; and the Counteroffensive Phase III, 1 June 1967 29 January 1968.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Army Commendation Medal on 16 April 1969; however, this award was not properly recorded in his records and was not listed on his DD Form 214.
2. The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Record.
3. In addition to the awards listed on the DD Form 214, the applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
4. In light of the above facts and findings, it is appropriate to correct the applicant's records to show that, in addition to the awards shown on the DD Form 214, the applicant is also authorized the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to wear three bronze stars on his already-awarded Vietnam Service Medal.
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 showing that, in addition to the awards shown on the DD Form 214, the applicant is also authorized the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to wear three bronze stars on his already-awarded Vietnam Service 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) AR20090016774
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ABCMR Record of Proceedings (cont) AR20090016774
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