BOARD DATE: 22 January 2015
DOCKET NUMBER: AR20140009013
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.
2. The applicant states he served with Company C, 8th Engineer Battalion,
1st Cavalry Division in the Republic of Vietnam (RVN). He was awarded the ARCOM with "V" Device on 22 September 1969; however, it is not recorded on his DD Form 214.
3. The applicant provides copies of his award orders and 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 10 May 1968 for a period of
3 years. He was awarded military occupational specialty 12A (Pioneer).
3. His DA Form 20 (Enlisted Qualification Record) shows in
* item 31 (Foreign Service), he served in Vietnam from 5 January 1969 through 9 January 1970
* item 38 (Record of Assignments): Company C, 8th Engineer Battalion,
1st Air Cavalry Division, from 9 January 1969 through 7 January 1970
4. Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 11562, dated 22 September 1969, awarded the applicant the ARCOM with "V" Device for heroism in the RVN on 12 August 1969.
5. The applicant's DD Form 214 shows he was honorably released from active duty on 12 July 1971.
a. He had completed 3 years and 2 days of total active duty service this period that included 1 year and 5 days of foreign service.
b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar
* 2 Overseas Service Bars
* Expert Marksmanship Qualification Badge with (M-16) Rifle Bar
* Vietnam Service Medal with 4 Bronze Service Stars
* RVN Campaign Medal with Device (1960)
6. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between
1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to reveal any additional award orders pertaining to the applicant.
7. A review of the applicant's military personnel record reveals he may be entitled to additional awards that are not shown on his DD Form 214.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It states not more than one RVN Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. It also shows the 8th Engineer Battalion was cited for award of the
* Meritorious Unit Commendation for the period 1 September 1968 through 30 September 1969 in Department of the Army General Orders (DAGO) Number 50, 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period
1 January 1969 through 1 February 1970 in DAGO Number 42, 1972
* RVN Gallantry Cross with Palm Unit Citation for the period
* 9 August 1965 through 19 May 1969 in DAGO Number 59, 1969
* May 1969 through February 1970 in DAGO Number 42, 1972, as amended by DAGO Number 11, 1973
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows:
a. general orders awarded the applicant the ARCOM with "V" Device for heroism in the RVN on 12 August 1969, and
b. general orders awarded the applicant's unit the
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation (two awards)
* RVN Civil Actions Honor Medal First Class Unit Citation
2. Therefore, in view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended 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 item 24 of his DD Form 214 the
* Army Commendation Medal with "V" Device
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam 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) AR20140009013
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ABCMR Record of Proceedings (cont) AR20140009013
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