IN THE CASE OF:
BOARD DATE: 30 August 2012
DOCKET NUMBER: AR20120003110
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 his DD Form 214 (Armed Forces of the United States Report of Separation) be corrected to show his award of the Air Force Commendation Medal.
2. The applicant states that he was awarded the Air Force Commendation Medal; however, it was omitted from his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and his Air Force Commendation Medal Certificate.
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 commissioned as a U.S. Army Reserve (USAR) Quartermaster Corps second lieutenant on 25 July 1967 and was ordered to active duty on 12 August 1967.
3. He completed his training and was promoted to the rank of first lieutenant on 12 August 1968.
4. On 20 July 1969, Special Order G-21 published by Headquarters, Lackland Military Training Center, Lackland Air Force Base, Texas awarded the applicant the Air Force Commendation Medal.
5. The applicant was promoted to the rank of captain on 12 August 1969 and was transferred to Vietnam on 6 December 1969. He was assigned to Detachment 1, 25th Augmentation Provisional Company for duty as a Post Exchange (PX) officer.
6. He departed Vietnam on 4 August 1970 after serving in three campaigns and was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 8 August 1970. He had served 2 years, 11 months, and 27 days of active service. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Army Commendation Medal.
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 Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation during the period he was assigned to the unit. Additionally, he served in three campaigns.
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 applicants records contain orders awarding him the Air Force Commendation Medal and he is entitled to have that award added to his DD Form 214 at this time.
2. He also served in three campaigns and is entitled to wear three bronze service stars on his already-awarded Vietnam Service Medal.
3. Additionally, the applicants unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation during the period he was assigned to the unit. Accordingly, those awards should be added to his DD Form 214 as well.
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:
a. Deleting the Vietnam Service Medal from his DD Form 214 and
b. Adding the Vietnam Service Medal with three bronze service stars, the Air Force Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Commendation to his DD Form 214.
__________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) AR20120003110
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ABCMR Record of Proceedings (cont) AR20120003110
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