BOARD DATE: 12 February 2014
DOCKET NUMBER: AR20130010267
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 (Report of Separation from Active Duty) for the period ending 18 December 1974 to show award of the Army Commendation Medal (ARCOM) and the issuance of a DD Form 215 (Correction to DD Form 214).
2. He states his ARCOM is not shown on his DD Form 214.
3. He provides correspondence from the National Personnel Records Center, a citation for an unidentified award for meritorious service, and his DD Form 214 for the period ending 18 December 1974.
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. On 31 May 1972, the applicant enlisted in the Regular Army.
3. Headquarters, U.S. Army Europe and 7th Army, General Orders Number 8813, dated 5 November 1974, awarded him the ARCOM for meritorious service during the period October 1972 to October 1974.
4. On 18 December 1974, he was discharged for immediate reenlistment. The DD Form 214 issued for this period of service does not show award of the ARCOM.
5. He reenlisted on 19 December 1974. On 12 December 1977, he was honorably released from active duty. The DD Form 214 issued for this period of service does not show award of the ARCOM.
DISCUSSION AND CONCLUSIONS:
Prior to reenlisting in 1974, the applicant was awarded the ARCOM for meritorious service. He is entitled to correction of each of his DD Forms 214 to show this award.
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 issuing DD Forms 215 adding the ARCOM to each of his DD Forms 214.
___________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) AR20130010267
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130010267
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130020553
The applicant requests reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision promulgated in Docket Number AR20120012588, dated 17 January 2013, wherein he requested 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 (ARCOM). The applicant states: * he is requesting the Board's assistance in correcting his records to show he was awarded the ARCOM - his...
ARMY | BCMR | CY2008 | 20080019849
The applicant requests, in effect, that his award of the Army Commendation Medal with First Oak Leaf Cluster and the Air Medal be added to his DD Form 214 (Report of Separation from Active Duty). The applicant's DD Form 214 already shows one award of the Army Commendation Medal; therefore, his records should be corrected to show the Army Commendation Medal with First Oak Leaf Cluster. Therefore, his records should be corrected to show this award.
ARMY | BCMR | CY2013 | 20130007192
The applicant requests his dates of service in Vietnam be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 17 November 1969. His DD Form 214 for the period ending 17 November 1969 does not show any service in Vietnam. The evidence shows the applicant reenlisted on 18 November 1969, he served in Vietnam from February 1970 to December 1970, he participated in three campaigns, he received the BSM, ARCOM, and Republic of Vietnam...
ARMY | BCMR | CY2009 | 20090019302
The applicant states: * his date of entry was 30 May 1972 * he had no prior service * he served all 21 years and 5 months with no break in service * he had over 5 years of foreign service * he has four awards of the ARCOM * there were orders for the MSM 3. The applicant provides: * orders for the ARCOM, dated 10 June 1993 * DA Form 2-1 (Personnel Qualification Record) * 4 January 1991 enlistment document * orders for the Good Conduct Medal * Letter of Commendation * health records * 1974...
ARMY | BCMR | CY2007 | 20070018928
Headquarters, U.S. Army Support Command, Saigon, General Orders Number 434 dated 14 April 1972 shows the applicant was awarded the ARCOM for meritorious service in connection with military operations against a hostile force during July 1971 to April 1972. The applicant's records show that he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the awards of the ARCOM, Meritorious...
ARMY | BCMR | CY2008 | 20080016861
The applicant states, in effect, that during his service in 1971 he was recommended for award of the ARCOM. He further states he is requesting that his DD Form 214 be corrected to reflect his award of the ARCOM, the above mentioned awards, and all other awards to which he may be entitled. However, the evidence of record confirms the applicant's award of the MUC is already documented on his DD Form 214 dated 13 August 1974.
ARMY | BCMR | CY2010 | 20100024073
The applicant states: a. he served in Vietnam; b. that after contacting the National Personnel Record Center (NPRC), he found he was unknowingly issued an ARCOM and AGCM based on his DA Form 2-1 (Personnel Qualification Record Part II); c. that based on his latest DD Form 214 (Report of Separation from Active Duty), his records were not properly annotated to show the campaigns stars he is authorized for his service in Vietnam from 22 April 1969 through 11 November 1970; d. he may have...
ARMY | BCMR | CY2011 | 20110008738
His record contains orders showing he was awarded the AM (2nd through 5th Award). His records show he participated in three campaigns while serving in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (First Award) for the period 8 February 1971 through 7 February 1974; b. deleting the VSM with one bronze service star from his DD Form 214; and c. adding the following to his DD Form 214: *...
ARMY | BCMR | CY2008 | 20080018373
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. The evidence of record contains no orders or other documents that show the applicant was ever recommended for or awarded the ARCOM by proper authority while he served on active duty, and although he provides a news article that indicates he was awarded the ARCOM, he fails to provide...
ARMY | BCMR | CY2014 | 20140004372
The evidence shows he was awarded the ARCOM on 4 occasions during his service in Vietnam; however, 1 of those awards was made for a period of service already recognized by a previous ARCOM award. He served in Vietnam during five campaigns; therefore, he is entitled to award of one silver service star to be added to his already-awarded Vietnam Service Medal and correction to his DD Form 214 to show this service star. As a result, the Board recommends that all Department of the Army records...