IN THE CASE OF:
BOARD DATE: 21 April 2011
DOCKET NUMBER: AR20100025755
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 the following be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 16 November 1970:
* Army Commendation Medal with Second Oak Leaf Cluster
* two U.S. Army Unit Citations
* two Overseas Service Bars
2. The applicant states he was awarded the Army Commendation Medal with Second Oak Leaf Cluster. He states he is entitled to two Overseas Service Bars for his service in Korea. He was told he was authorized two U.S. Army Unit Citations for his service with the 35th Engineer Battalion in the Republic of Vietnam.
3. The applicant provides:
* Army Board for Correction of Military Records (ABCMR) Proceedings
AR 20080011803, dated 16 October 2008
* certificate for the Army Commendation Medal with Second Oak Leaf Cluster
* DD Form 215 (Correction to DD Form 214)
* a history of hostile fire pay for Korea
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. He enlisted in the Regular Army on 26 April 1968 for a period of 3 years.
He was assigned to the 2nd Engineer Battalion, 2nd Infantry Division in the Republic of Korea from 25 September 1968 to 8 October 1969.
3. He served in the Republic of Vietnam from 28 November 1969 to
15 November 1970. He was assigned to:
* Company A, 35th Engineer Battalion from 8 December 1969 to 25 August 1970
* Company A, 36th Engineer Battalion from 26 August to 15 November 1970
4. Headquarters, 20th Engineer Brigade General Orders Number 1273, dated
15 October 1970, awarded the applicant the Army Commendation Medal with Second Oak Leaf Cluster.
5. On 16 November 1970, he was released from active duty. He completed
2 years, 6 months, and 21 days of active service that was characterized as honorable.
6. His DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), as modified by a
DD Form 215, dated 6 April 2009, shows he was awarded or is authorized the:
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal with 1st Oak Leaf Cluster
* Korea Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle (M-16) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Army Good Conduct Medal
* Armed Forces Expeditionary Medal
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict. This pamphlet does not show the 35th Engineer Battalion received any U.S. Army unit citations during the period the applicant was assigned to that unit.
8. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar. It states 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.
DISCUSSION AND CONCLUSIONS:
1. Orders show he was awarded the Army Commendation Medal with Second Oak Leaf Cluster. Therefore, it would be appropriate to add this award to his DD Form 214.
2. The 35th Engineer Battalion did not receive any U.S. Army unit citations during the period the applicant was assigned to the unit.
3. Overseas Service Bars are an item of uniform wear, not an award or decoration. Therefore, Overseas Service Bars are not listed in item 24 of the
DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ____X___ ____X___ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Army Commendation Medal with Second Oak Leaf Cluster to item 24 of his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to U.S. Army Unit Citations and 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) AR20100025755
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ABCMR Record of Proceedings (cont) AR20100025755
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