IN THE CASE OF:
BOARD DATE: 16 August 2012
DOCKET NUMBER: AR20120003649
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.
2. The applicant states that he was awarded the ARCOM in Vietnam in 1969 and it was omitted from his DD Form 214.
3. The applicant provides no additional documents with his application.
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 in Cleveland, Ohio on 11 January 1968. He completed his training and was transferred to Vietnam on 13 August 1968 for assignment to Headquarters and Headquarters Detachment, 22nd Replacement Detachment for duty as a plumber.
3. On 11 July 1969 General Orders Number 2511, issued by Headquarters, U.S. Army, Vietnam, awarded the applicant the ARCOM for meritorious service during the period of August 1968 to August 1969.
4. After serving in four campaigns, the applicant departed Vietnam on 14 August 1969 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) on 15 August 1969 as an overseas returnee. He had served 1 year, 7 months, and 5 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Campaign Medal, and the Vietnam Service Medal (VSM).
5. A review of his official records shows that he had excellent conduct and efficiency ratings throughout his service and his records is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).
6. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and for the first award only, upon termination of service on or after 27 June 1950 of less than
3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings.
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 (MUC) during the period he was assigned to the unit. Additionally, he served in four 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, in the applicants case, the VSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the ARCOM for meritorious service in Vietnam and is entitled to have that award added to his DD Form 214 at this time.
2. A review of the applicant's records shows he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the AGCM (1st Award). Accordingly, he should be awarded the AGCM (1st Award) for the period 11 January 1968 to 15 August 1969 and his DD Form 214 should be corrected to show this award.
3. He served in four campaigns and thus is authorized to wear four bronze service stars for wear on his already-awarded VSM and to have them added to his DD Form 214.
4. Additionally, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the MUC during the period he was assigned to the unit. Accordingly, those awards should be 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 award of the VSM from his DD Form 214
* Awarding him the AGCM (1st Award) for the period 11 January 1968 to 15 August 1969
* Adding the awards of the ARCOM, AGCM, VSM with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the MUC to his DD Form 214
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) AR20120003649
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ABCMR Record of Proceedings (cont) AR20120003649
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