IN THE CASE OF:
BOARD DATE: 28 October 2014
DOCKET NUMBER: AR20140003777
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 award of the Army Commendation Medal (ARCOM) and any awards and decorations to which he may be entitled for his service in Vietnam.
2. The applicant states:
a. the ARCOM he received in 1972 is not listed on his DD Form 214.
b. it is his understanding that there are decorations from the Government of Vietnam that were never awarded for his service in Vietnam.
3. The applicant provides:
* DD Form 214
* ARCOM orders
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 10 December 1970 for 3 years. He arrived in Vietnam on 25 June 1971. His DA Form 20 (Enlisted Qualification Record) shows he served as a helicopter repairman in Vietnam assigned to:
* Troop C, 7th Squadron, 1st Air Cavalry Squadron from 30 June 1971 to 20 December 1971
* Troop B, 7th Squadron, 1st Air Cavalry Squadron from 21 December 1971 to 28 March 1972
3. Headquarters, 1st Aviation Brigade, General Orders Number 1284, dated
26 April 1972, shows he was awarded the ARCOM.
4. Headquarters, 2d Armored Division, General Order Number 1432, dated
9 November 1973, shows he was awarded the Army Good Conduct Medal.
5. On 7 December 1973, he was honorably released from active duty.
6. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Aircraft Crewman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
7. Department of the Army General Orders Number 8, dated 1974, awarded 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.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant was awarded the ARCOM and Army Good Conduct Medal. Therefore, his DD Form 214 should be corrected to show these medals.
2. 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:
____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 the ARCOM, Army Good Conduct Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation 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) AR20140003777
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ABCMR Record of Proceedings (cont) AR20140003777
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