BOARD DATE: 29 April 2010
DOCKET NUMBER: AR20090018116
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal with third Oak Leaf Cluster (ARCOM w/3rd OLC).
2. The applicant states his DD Form 215 (Correction to DD Form 214), dated
18 July 1973, does not show award of the ARCOM w/3rd OLC.
3. The applicant provides a copy of his DD Form 215 and a copy of page 4 of his DA Form 20 (Enlisted Qualification Record).
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
29 May 1964 and after serving two subsequent reenlistments he was discharged under honorable conditions on 18 July 1973.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 18 July 1973, shows the National Defense Service Medal; Vietnam Service Medal; Bronze Star Medal; Good Conduct Medal (2nd award), Purple Heart; Republic of Vietnam Campaign; ARCOM w/1st OLC; Meritorious Unit Commendation; RVN Gallantry Cross w/Palm Unit Citation; and the Expert Marksmanship Qualification Badge with Rifle Bar.
4. The applicant was issued a DD Form 215, dated 18 July 1973, which shows his DD Form 214 was corrected by adding the ARCOM w/2nd OLC with "V"; Bronze Star Medal with 1st OLC; and the Vietnam Service Medal with two silver service stars.
5. The applicant's record shows Headquarters, 1st Infantry Division awarded the applicant the following ARCOMs on the following dates:
a. General Order (GO) 10005, dated 21 September 1968, awarded him the ARCOM.
b. GO 3386, dated 1 May 1969, awarded him the ARCOM w/1st OLC
with "V."
c. GO 2673, dated 22 February 1970 awarded him the ARCOM w/2nd OLC.
6. Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows Headquarters, 1st Infantry Division awarded the applicant the ARCOM on the above dates in the above orders. It also shows he was awarded the ARCOM w/3rd OLC in GO 8230, dated 29 April 1971. However, this entry on his DA Form 20 is not supported by any other evidence of record.
7. The Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973 was reviewed. The first three orders awarding him the ARCOM are listed in ADCARs. However, GO Number 8230 authorizing award of the ARCOM w/3rd OLC is not listed.
8. Army Regulation 600-8-22 (Military Awards) provides that an OLC is used for the second and succeeding award of the ARCOM. The 1st OLC denotes the second award of the ARCOM.
DISCUSSION AND CONCLUSIONS:
Although the applicant's DA Form 20 shows award of the ARCOM w/3rd OLC there is no corroborating evidence to verify the basis for this entry. Unfortunately his records do not contain the GO showing award of a fourth award of the ARCOM and in the absence of an order the ABCMR is reluctant to validate the award by adding it to his DD Form 214. Therefore, in the absence of orders documenting the applicant was awarded four ARCOMs, there is an insufficient basis to grant relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x____ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20090018116
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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