IN THE CASE OF:	  

		BOARD DATE:  19 November 2013

		DOCKET NUMBER:  AR20130006124 


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) and any other awards to which he is entitled be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that all of his awards were not reflected on his DD Form 214.

3.  The applicant provides a copy of his ARCOM orders and citation and 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 enlisted in the Regular Army on 16 November 1966 for a period of 3 years and training as a personnel specialist.  He completed his one-station unit training at Fort Dix, New Jersey and was assigned to Fort Meade, Maryland for his first assignment.

3. On 26 February 1968, he was transferred to Vietnam for assignment to the 25th Administration Company where he served during four campaigns and departed Vietnam on 19 February 1969 for assignment to Camp Drum, New York.

4.  On 26 September 1969 he was transferred to Fort Dix, New Jersey where he served until he was honorably released from active duty (REFRAD) on 
14 November 1969.  He had served 2 years, 11 months, and 29 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, and Republic of Vietnam Campaign Medal.

5.  General Orders Number 1797 issued by Headquarters, 25th Infantry Division on 16 February 1969 awarded the applicant the ARCOM for meritorious service.

6.  A review of his official records shows that he had “excellent” conduct and efficiency ratings throughout his service and his records contain no derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal.

7.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal 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.  There must have been no convictions by a court-martial.

8.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized for wear on the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

9.  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 applicant’s unit was cited for award of the Meritorious Unit Commendation (MUC), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period the applicant served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the ARCOM in duly-authenticated orders and is entitled to have that award added to his DD Form 214. 

2.  The applicant had “excellent” conduct and efficiency ratings throughout his service and his records do not contain derogatory information sufficient to disqualify him for award of the AGCM.  Accordingly, he should be awarded the AGCM (1st Award) for the period 16 November 1966 to 14 November 1969 and it should be added to his DD Form 214.

3.  The applicant served in four campaigns in Vietnam and is entitled to wear four bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214.

4.  Additionally, his unit in Vietnam was cited for awards of the MUC, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and 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 Vietnam Service Medal from his DD Form 214
* Awarding him the AGCM (1st Award) for the period 16 November 1966 to 14 November 1969
* Adding the ARCOM, Vietnam Service Medal with four bronze service stars, AGCM (1st Award), MUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20130006124





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ABCMR Record of Proceedings (cont)                                         AR20130006124



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