IN THE CASE OF:
BOARD DATE: 18 November 2014
DOCKET NUMBER: AR20140004187
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 award of the Army Commendation Medal (ARCOM) with "V" Device instead of the ARCOM.
2. The applicant states:
* the "V" device should be added to his ARCOM
* it was an administrative error
3. The applicant provides:
* ARCOM with "V" Device orders
* 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 enlisted in the Regular Army on 15 November 1966 for 3 years. He arrived in Vietnam on 10 October 1967 and he was assigned to the 235th Aviation Company as a helicopter repairman on 2 November 1967.
3. Headquarters, 1st Aviation Brigade, General Orders Number 4084, dated 24 June 1968, awarded him the ARCOM with "V" Device for heroism on 1 February 1968 in Vietnam.
4. He departed Vietnam on 9 October 1968 after participating in four campaigns.
5. On 14 November 1969, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* ARCOM
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
6. There are no orders for the basic ARCOM in the available records.
7. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show the basic ARCOM, but does show the ARCOM with "V" Device.
8. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 235th Aviation Company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during the period 22 February 1967 to 17 May 1968 by Department of the Army General Orders Number 21, dated 1968.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that an administrative error occurred and the "V" device should be added to the ARCOM shown on his DD Form 214 appears to have merit. Since there are no orders for the basic ARCOM in the available records and his records contain orders for award of the ARCOM with "V" Device, his DD Form 214 should be corrected to show award of the ARCOM with "V" Device.
2. He participated in four campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with four bronze service stars. Therefore, his DD Form 214 should be corrected to show these bronze service stars.
3. His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment in Vietnam. Therefore, his DD Form 24 should be corrected 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 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:
a. deleting award of the ARCOM from his DD Form 214 and
b. adding award of the ARCOM with "V" Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars with his already-awarded Vietnam Service 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) AR20140004187
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ABCMR Record of Proceedings (cont) AR20140004187
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