BOARD DATE: 19 October 2010
DOCKET NUMBER: AR20100011967
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 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Army Commendation Medal.
2. The applicant states his personnel office failed to add the Army Commendation Medal to his DD Form 214 at the time of separation.
3. The applicant provides:
* his DD Form 214
* certificate and citation for the Army Commendation Medal
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 inducted into the Army on 15 August 1969 and he completed training and was awarded military occupational specialty 91Q (Pharmacy Specialist). He arrived in Vietnam on 29 August 1970 and he was assigned to the 6th Convalescent Center with duty in his MOS. He was further assigned as follows:
* 568th Medical Company on 5 October 1970
* 50th Medical Company on 10 December 1970
* 349th General Dispensary on 15 December 1970
3. While in Vietnam the applicant participated in the following two campaigns: the Vietnam Counteroffensive, Phase VII Campaign, which extended from 1 July 1970 through 30 June 1971; and the Consolidation I, which extended from 1 July 1971 through 30 November 1971.
4. The applicant returned to the Continental United States on 5 August 1971 and he was honorably released from active duty as an overseas returnee. The
DD Form 214 he was issued shows the following awards:
* Good Conduct Medal (First Award)
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge (M-16 Rifle)
* Marksman Marksmanship Qualification Badge (M-14 Rifle)
* one overseas service bar
5. On 31 August 1971, General Orders Number 2537 were published awarding the applicant the Army Commendation Medal for meritorious service while in the Republic of Vietnam from August 1970 through August 1971.
6. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
7. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in support of military operations during Vietnam through the Granada Operation. A review of this pamphlet shows the unit to which the applicant was assigned was awarded the Meritorious Unit Commendation for the period 1 August 1969 through 31 October 1970 in Department of the Army General Orders Number 43, dated 1972.
9. Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the overseas service bar. In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to reflect award of the Army Commendation Medal is correct.
2. He is also authorized the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit, an additional overseas service bar, and two bronze service stars to be worn on the already-awarded Vietnam Service Medal and correction of his DD Form 214 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 deleting the Vietnam Service Medal and one overseas service bar from his DD Form 214 and adding the following awards:
* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation
* two overseas service bars
_________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) AR20100011967
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ABCMR Record of Proceedings (cont) AR20100011967
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