IN THE CASE OF:	

		BOARD DATE:	  20 May 2014

		DOCKET NUMBER:  AR20130015972 


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 the Army Commendation Medal, Air Medal, Aircraft Crewman Badge, and Vietnam Service Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also requests his social security number (SSN) be corrected on his orders, citation, and award certificate for the Air Medal.

2.  The applicant states:

* these awards are not listed on his DD Form 214
* the Air Medal orders, citation, and award certificate have the wrong SSN (last digit)
* he honorably earned these awards and medals and would like to have them listed on his DD Form 214 

3.  The applicant provides:

* special orders, dated 4 April 1972 and 28 August 1972
* permanent change of station orders, dated 7 October 1972
* citation and award certificate for the Army Commendation Medal
* citation, award certificate and orders for the Air Medal
* 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's DD Form 4 (Enlistment Contract), dated 1 June 1971, shows his SSN as xxx-xx-xxx7.  He enlisted on 1 June 1971 for a period of 2 years.  He arrived in Vietnam on 24 December 1971 and was assigned to Troop C, 16th Air Cavalry as a helicopter repairman.

3.  Orders, dated 28 August 1972, he received the Aircraft Crewman Badge.

4.  Orders, dated 21 November 1972, show he received the Air Medal.  His general orders, citation, and the award certificate for the Air Medal show his SSN as xxx-xx-xxx1.

5.  He departed Vietnam on 19 December 1972 and he was honorably released from active duty on 5 June 1973.  

6.  His DD Form 214 shows his SSN as xxx-xx-xxx7.  His DD Form 214 also shows he was awarded or authorized the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

7.  There are no orders for the Army Commendation Medal in the available records.  However, he provides a citation and award certificate for the Army Commendation Medal for meritorious service during the period 24 December 1971 to 24 December 1972.




8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Army Commendation Medal pertaining to the applicant.

9.  Records show he participated in two campaigns during his assignment in Vietnam. 

10.  Department of the Army General Orders 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.

11.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Army Commendation Medal in the available records.  In the absence of orders, the award certificate and citation provided by the applicant alone are not sufficient as a basis for adding this award to his DD Form 214.  

2.  Orders show he received the Air Medal and Aircraft Crewman Badge.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  The last digit of the applicant's SSN is incorrect on his general orders, citation, and award certificate for the Air Medal.  Therefore, it would be appropriate to correct these documents to show the SSN reflected on his DD Form 214. 

4.  Based on his service in Vietnam and participation in two campaigns, he is entitled to the Vietnam Service Medal with two bronze service stars.  Therefore, his DD Form 214 should be corrected to show this award.    

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam.  The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding the Air Medal, Aircraft Crewman Badge, Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214; and

	b.  amending his general orders, citation, and award certificate for the Air Medal to show the SSN reflected on his DD Form 214. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 








denial of so much of the application that pertains to adding the Army Commendation Medal to his DD Form 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)                                         AR20130015972





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ABCMR Record of Proceedings (cont)                                         AR20130015972



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