BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20140002245
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) to show the Army Commendation Medal (ARCOM).
2. The applicant states this award was never added to his DD Form 214 and he would like it to be added.
3. The applicant provides his:
* DD Form 214
* ARCOM Certificate and Citation
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 military records show he enlisted in the Regular Army on 30 November 1970. He completed training and was awarded military occupational specialty 93H (Air Traffic Control (ATC) Tower Operator). The highest rank/pay grade he held was specialist four/E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
* item 31 (Foreign Service) he was credited with service in Vietnam from 22 July 1971 to 9 February 1972
* item 38 (Record of Assignments) he was assigned to Headquarters and Headquarters Troop, 2nd Squadron (Airmobile), 17th Cavalry, performing duties as an ATC Tower Operator, during the period 5 August 1971 to 9 February 1972
4. On 28 February 1974, he was honorably released from active duty after completing 3 years, 2 months, and 29 days of active service.
5. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar
* one overseas service bar
6. His record is void of documentation that shows he was recommended for or awarded the ARCOM. His record does, however, contain two letters issued by the Chief, Military Awards Branch, U.S. Army Reserve Components Personnel and Administration Center, dated 14 February 1975. One of these letters indicated his name was amended on Letter Order, "DAPC PAP BB," Department of the Army, U.S. Army Military Personnel Center, dated 12 April 1974, awarding him the ARCOM. The other letter contains a hand-written annotation that he was sent an ARCOM Certificate, Citation and amendment on 21 July 1975. It also noted there were no general orders enclosed or in his record.
7. The applicant provides a copy of an ARCOM Certificate and Citation, which show he was awarded the ARCOM for meritorious service from August 1971 to February 1972.
8. A review of his record indicates entitlement to additional awards not listed on his DD Form 214.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows 2nd Squadron (Airmobile), 17th Cavalry, was awarded the RVN Gallantry Cross with Palm Unit Citation for a period that coincided with his assignment to the unit.
DISCUSSION AND CONCLUSIONS:
1. His record is void of ARCOM orders; however, his record contains a letter issued by the Chief, Military Awards Branch, which shows his name was amended on the letter order that awarded him the ARCOM, and on another letter containing a hand-written note that he was sent an ARCOM Certificate, Citation and amendment on 21 July 1975. It was also noted there were no general orders enclosed or in his record.
2. He provides a copy of an ARCOM Certificate and Citation showing he was awarded the ARCOM for meritorious service from August 1971 to February 1972, which coincides with his service in Vietnam. Therefore, there is a sufficient evidentiary basis to conclude he was awarded the ARCOM and for adding the ARCOM to his DD Form 214.
3. The unit he was assigned to during his service in Vietnam was awarded the RVN Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. Therefore, his DD Form 214 should be corrected to show this unit award.
4. In view of the foregoing, he is entitled to have his records corrected as shown 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 adding to his DD Form 214 the following awards:
* ARCOM
* RVN Gallantry Cross with Palm 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) AR20140002245
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140002245
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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