IN THE CASE OF:
BOARD DATE: 16 October 2012
DOCKET NUMBER: AR20120005576
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his second award of the Army Commendation Medal ((ARCOM) 1 Oak Leaf Cluster (OLC)) and the Army Good Conduct Medal (AGCM).
2. The applicant states that the ARCOM 1OLC and the AGCM were omitted from his DD Form 214.
3. The applicant provides copies of a citation and orders for the ARCOM 1OLC and orders for the AGCM.
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. On 18 August 1969, the applicant enlisted in the Regular Army for a period of 3 years and training as a stock control and accounting specialist. He completed basic training at Fort Jackson, South Carolina and advanced individual training at Fort Lee, Virginia.
3. On 22 March 1970, he was transferred to Vietnam and he was assigned to Company A, 577th Engineer Battalion. He departed Vietnam on 22 March 1971 for assignment to Fort Benning, Georgia where he remained until he was honorably released from active duty (REFRAD) on 22 February 1972 under the phase down release program. He had served 2 years, 6 months, and 5 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Vietnam Campaign Medal with 60 Device, and the ARCOM.
4. The following orders show:
a. General Orders Number 336, issued by Headquarters, 18th Engineer Brigade, dated 22 March 1971, awarded him the ARCOM for the period
26 January 1971 to 2 February 1971.
b. General Orders Number 231 issued by Headquarters, 18th Engineer Brigade, dated 2 March 1971, awarded the applicant the ARCOM for the period March 1970 to March 1971.
c. General Orders Number 23 issued by Headquarters, 197th Infantry Brigade, dated 24 January 1972, awarded him the AGCM (1st Award) for the period 18 August 1969 to 22 February 1972.
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the applicants unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the ARCOM 1OLC and AGCM should be added to his DD Form 214 has been noted and found to have merit.
2. The available evidence shows the applicant is authorized the above awards; therefore, they should be added to his DD Form 214 at this time.
3. Additionally, he is entitled to have the Republic of Vietnam Gallantry Cross with Palm Unit Citation added to his DD Form 214.
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 Army Commendation Medal from his DD Form 214
* Adding the ARCOM 1OLC, AGCM and Republic of Vietnam Gallantry Cross with Palm Unit Citation 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) AR20120005576
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ABCMR Record of Proceedings (cont) AR20120005576
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