IN THE CASE OF:
BOARD DATE: 10 November 2011
DOCKET NUMBER: AR20110010721
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 final DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Army Commendation Medal with "V" Device.
2. The applicant states the Army Commendation Medal with "V" Device was omitted from his final DD Form 214.
3. The applicant provides his final DD Form 214, two DD Forms 214 (Report of Separation from Active Duty), DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), two orders, and three certificates.
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's records show he enlisted in the Regular Army (RA) on 5 September 1967 and he held military occupational specialty 11B (Infantryman). He served through multiple reenlistments in staff and leadership positions and attained the rank/grade of command sergeant major/E-9.
3. He served in Vietnam from 3 September 1968 through 26 August 1969 while assigned to the 3rd Battalion, 187th Infantry.
4. General Orders Number 3120, dated 7 April 1969, issued by Headquarters, 101st Airborne Division, awarded him the Army Commendation Medal with "V" Device for heroism in Vietnam on 8 October 1968.
5. He was discharged for the purpose of immediate reenlistment on 23 August 1970. The DD Form 214 he received for this period of service shows the Army Commendation Medal.
6. He reenlisted in the RA on 24 August 1970 and he was discharged for the purpose of immediate reenlistment on 22 July 1973. The DD Form 214 he received for this period of service is not available for review with this case.
7. He reenlisted in the RA on 23 July 1973 and he was discharged for the purpose of immediate reenlistment on 29 February 1976. The DD Form 214 he received for this period of service shows the Army Commendation Medal with "V" Device.
8. He reenlisted in the RA on 1 March 1976 and he was discharged for the purpose of immediate reenlistment on 27 December 1978. The DD Form 214 he received for this period of service shows the Army Commendation Medal with "V" Device and the Army Commendation Medal (2nd Oak Leaf Cluster).
9. He reenlisted in the RA on 28 December 1978. He was honorably retired from active duty on 30 September 1987. He completed 20 years, 9 months, and 26 days of creditable active service.
10. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued for the period ending 30 September 1987 shows the Army Commendation Medal (3rd Award). It does not show the Army Commendation Medal with "V" Device.
11. Item 9 (Awards, Decorations & Citations) of his DA Form 2-1 (Personnel Qualification Record) shows the Army Commendation Medal with "V" Device with a line through it. It appears this entry was lined through in error when his awards were updated.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows general orders awarded the applicant the Army Commendation Medal with "V" Device which is not shown on his final DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this award.
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 adding to item 13 of his DD Form 214 for the period ending 30 September 1987 the Army Commendation Medal with "V" Device.
_______ _ __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) AR20110010721
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110010721
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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