IN THE CASE OF:
BOARD DATE: 29 March 2011
DOCKET NUMBER: AR20100022567
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 (ARCOM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that his award of the ARCOM was not added to his
DD Form 214.
3. The applicant provides a copy of his ARCOM Certificate and Citation.
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 of the United States in Des Moines, Iowa on 21 September 1966. He completed basic training at Fort Leonard Wood, Missouri and advanced individual training as a military policeman at Fort Carson, Colorado before being transferred to Vietnam on 20 July 1967.
3. He was initially assigned to the 544th Military Police platoon, 196th Light Infantry Brigade and on 17 December 1967 he was assigned to the 23d Military Police Company, 23d Infantry Americal Division. He was advanced to the pay grade of E-4 on 10 January 1968.
4. He participated in four campaigns and departed Vietnam on 16 July 1968. He was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) as an overseas returnee on 16 July 1968. The DD Form 214 he was issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal (VSM), his marksmanship badges, and two overseas service bars.
5. On 17 July 1968, General Orders Number 4444 issued by Headquarters, Americal Division awarded the applicant the Army Good Conduct Medal (AGCM) (1st Award).
6. On 26 July 1968, General Orders Number 4785 issued by Headquarters, Americal Division awarded the applicant the ARCOM for meritorious service.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It shows that during the applicant's assignment, his unit was cited for award of the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation.
8. Army Regulation 600-8-22 (Military Awards) states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the ARCOM and the AGCM subsequent to his REFRAD. Accordingly, he is entitled to have these awards added to his
DD Form 214 at this time.
2. He also served in four campaigns in Vietnam and is entitled to have four bronze service stars added to his already-awarded VSM.
3. Additionally, the applicants unit was awarded the MUC and the RVNGC with Palm Unit Citation during the period he was assigned to the unit. Accordingly, he is entitled to have these awards added to his DD Form 214 at this time.
BOARD VOTE:
____X___ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 VSM from his DD Form 214
* Adding to his DD Form 214 the VSM with four bronze service stars, the ARCOM, the AGCM, the MUC, and the RVNGC with Palm Unit Citation
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ __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) AR20100022567
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100022567
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