IN THE CASE OF:
BOARD DATE: 14 September 2013
DOCKET NUMBER: AR20130002388
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal.
2. The applicant states he received notification of the award after he had been released from active duty.
3. The applicant provides a copy of the orders awarding him the Army Commendation Medal.
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 applicant's 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 applicant's 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 into the Army of the United States on 10 August 1970. He was honorably released from active duty on 7 January 1972. He completed 1 year, 4 months, and 28 days of active service during this period.
3. His service records contain orders for award of the Army Commendation Medal, Expert Marksmanship Qualification Badge with Rife Bar, Expert Marksmanship Qualification Badge with Machine Gun Bar, and Sharpshooter Marksmanship Qualification Badge with Pistol Bar.
4. His DA Form 20 (Enlisted Qualification Record) shows the following:
a. his service in Vietnam from 17 January 1971 through 1 January 1972 while assigned to:
* Detachment 2, Headquarters and Headquarters Company, 25th Combat Service Support Battalion (Redesignated), 2nd Brigade
* Company A, 225th Support Battalion
* Headquarters Company, Special Troops Battalion
* U.S. Army Medical Materiel Agency-Vietnam
b. his authorized awards as the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Army Good Conduct Medal.
5. The applicant's DD Form 214 lists his authorized awards as the National Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).
6. Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
7. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized based on qualifying service for each designated campaign listed in appendix B and states that authorized service stars will be worn on the appropriate campaign or service medal. This regulation also lists the designated campaigns for which a bronze service star is authorized for wear on the Vietnam Service Medal. Based on the applicant's dates of service in Vietnam, participation credit was awarded for the following three campaigns:
*
Counteroffensive Phase VII, 1 July 1970-30 June 1971
* Consolidation I, 1 July-30 November 1971
* Consolidation II, 1 December 1971-29 March 1972
DISCUSSION AND CONCLUSIONS:
1. The applicant's records contain copies of orders awarding the applicant the Army Commendation Medal, Expert Marksmanship Qualification Badge with Rifle and Machine Gun Bars, and Sharpshooter Marksmanship Qualification Badge with Pistol Bar. These awards were omitted from his DD Form 214. It would be appropriate to correct these omissions.
2. The applicant's award of the Army Good Conduct Medal is documented on his DA Form 20, but was not carried forward to his DD Form 214. It would be appropriate to correct this omission.
3. The applicant served in Vietnam during three campaigns and is authorized to wear three bronze service stars on his already-awarded Vietnam Service Medal. It is appropriate to correct the applicant's DD Form 214 by deleting award of the Vietnam Service Medal and replacing it with the Vietnam Service Medal with three bronze service stars.
4. In addition to the awards addressed above and those shown on his DD Form 214, the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation. It would be appropriate to add this unit award to his DD Form 214.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 award of the Vietnam Service Medal from his DD Form 214 and
b. adding the following awards to his DD Form 214:
* Army Commendation Medal
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle and Machine Gun Bars
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
_______ _ _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) AR20130002388
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ABCMR Record of Proceedings (cont) AR20130002388
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