IN THE CASE OF:
BOARD DATE: 26 September 2013
DOCKET NUMBER: AR20130002799
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Army Commendation Medal.
2. The applicant states he was awarded the Army Commendation Medal on
3 May 1969.
3. The applicant provides copies of Headquarters, 4th Infantry Division, General Orders Number 1480, dated 3 May 1969, and his DD Form 214.
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 8 January 1968. He completed training as an infantry indirect fire crewman. He arrived in Vietnam on 22 June 1968 and he was assigned to Company E, 1st Battalion, 14th Infantry, 4th Infantry Division.
3. While in Vietnam, the applicant participated in the following five campaigns:
* Vietnam Counteroffensive, Phase IV Campaign, which extended from 2 April through 30 June 1968
* Vietnam Counteroffensive, Phase V Campaign, which extended from 1 July through 1 November 1968
* Vietnam Counteroffensive, Phase VI Campaign, which extended from 2 November 1968 through 22 February 1969
* Tet 69 Counteroffensive Campaign, which extended from 23 February through 8 June 1969
* Vietnam Summer-Fall 1969 Campaign, which extended from 9 June through 31 October 1969
4. On 3 May 1969, Headquarters, 4th Infantry Division, General Orders Number 1480 were published awarding the applicant the Army Commendation Medal for meritorious service from June 1968 to June 1969.
5. He departed Vietnam en-route to the United States on 26 July 1969.
6. On 7 January 1970, he was released from active duty and was transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows the following awards:
* National Defense Service Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge (81mm Mortar)
* Good Conduct Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge (Rifle M-14)
* Expert Marksmanship Qualification Badge (Rifle M-16)
* Marksman Marksmanship Qualification Badge (45 Caliber Pistol)
7. Department of the Army General Orders Number 8, dated 1974, announced award of 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.
8. Army Regulation 600-8-22 (Military Awards) states a bronze service star will be worn on the Vietnam Service Medal, based on qualifying service for each campaign listed in Appendix B of this regulation. A silver service star is authorized in lieu of five bronze service stars.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. He provides a copy of General Orders Number 1480 awarding him the Army Commendation Medal for meritorious service from June 1968 to June 1969. This award should be added on his DD Form 214.
3. He is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and one silver service star to be affixed to his already-awarded Vietnam Service Medal. These awards should also be added on his DD Form 214.
4. In view of the foregoing, the applicant's records should be corrected as recommended below.
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 amending his DD Form 214 to add the following awards:
* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* One silver service star to be affixed to his already-awarded Vietnam Service Medal
_______ _ _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.
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