IN THE CASE OF:
BOARD DATE: 28 August 2014
DOCKET NUMBER: AR20140001728
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 the Army Commendation Medal (ARCOM).
2. He states, in effect, that the ARCOM was not entered on his DD Form 214 because of clerk error. He would like his service record to be accurate.
3. He provides an ARCOM Certificate 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. On 22 November 1965, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty 36K (Wireman).
3. His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments):
* he was assigned to the following units in Vietnam
* Battery B, 4th Battalion, 42nd Artillery, from 23 July to 17 December 1966 and from 9 to 22 February 1967
* Headquarters and Service Battery, 4th Battalion, 42nd Artillery, from 23 February to 25 June 1967
* he was assigned to the 7th Field Hospital in Japan from 18 December 1966 to 9 February 1967
4. On 11 September 1967, Headquarters, 4th Infantry Division, issued General Orders Number 2906 awarding him the ARCOM for meritorious service during the period September 1966 to July 1967.
5. On 21 November 1967, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the following:
* National Defense Service Medal
* Vietnam Service Medal (VSM) with one bronze service star
* one Overseas Service Bar
* Purple Heart
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
6. Review of his record indicates he is entitled to additional awards not listed on his DD Form 214.
7. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the VSM for each credited campaign listed in appendix B. His service in Vietnam coincided with two campaigns: Vietnam Counteroffensive Phase (1 July 1966 - 31 May 1967) and Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.
a. Battery B, 4th Battalion, 42nd Artillery, was cited for award of the Valorous Unit Award (VUA) for two periods:
* 11 to 13 November 1966, by Department of the Army General Order (DAGO) Number 17, dated 1968
* 1 January to 5 April 1967, by DAGO Number 43, dated 1970
b. 4th Battalion, 42nd Artillery, was cited for award of the:
* RVN Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969, by DAGO Number 3, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969, by DAGO Number 53, dated 1970
DISCUSSION AND CONCLUSIONS:
1. General orders awarded the ARCOM to the applicant. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. He was awarded the VSM and he participated in two campaigns. Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on his previously-awarded VSM.
3. He served in Battery B, 4th Battalion, 42nd Artillery, during two periods for which the battery was cited for award of the VUA, and he was a member of the 4th Battalion, 42nd Artillery during periods for which the battalion was cited for award of the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
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 as follows:
a. delete the VSM with one bronze service star and
b. add the:
* ARCOM
* VSM with two bronze service stars
* VUA (2nd Award)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
_______ _ __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) AR20140001728
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140001728
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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