IN THE CASE OF:
BOARD DATE: 25 November 2014
DOCKET NUMBER: AR20140004947
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his awards of the Army Commendation Medal (ARCOM) and Valorous Unit Award (VUA).
2. The applicant states his awards of the ARCOM and VUA were omitted from his DD Form 214.
3. The applicant provides copies of his DD Form 214 and ARCOM Certificate.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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 29 January 1968 for a period of 3 years and training as a turbine utility helicopter repairman. He completed his basic training at Fort Lewis, Washington and his advanced individual training at Fort Eustis, Virginia.
3. On 27 February 1969, he was transferred to Vietnam for assignment to the 71st Aviation Company. On 16 January 1970, General Orders Number 627, issued by Headquarters, Americal Division awarded the applicant the ARCOM for meritorious service.
4. He departed Vietnam on 9 March 1970 for assignment to Fort Carson, Colorado where he remained until he was honorably released from active duty (REFRAD) on 28 January 1971 due to the expiration of his term of service (ETS). He had served 3 years of active service. His DD Form 214 shows he was awarded the National Defense Service Medal, Air Medal, Aircraft Crewman Badge, Vietnam Service Medal with three bronze service stars, and the Vietnam Campaign Medal with Device (1960).
5. 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 that the applicantÂ’s unit was awarded the Valorous Unit Award (VUA) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the ARCOM in duly-constituted orders and is entitled to have that award added to his DD Form 214.
2. Additionally, his unit was awarded the VUA and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit. Accordingly, they should be added to his DD Form 214 at this time.
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 awards of the AGCM, ARCOM, VUA 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) AR20140004947
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140004947
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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