IN THE CASE OF:  	

		BOARD DATE:	  24 March 2015

		DOCKET NUMBER:  AR20140013637 


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 he was awarded the Army Commendation Medal (ARCOM). 

2.  The applicant states, in effect, that he was awarded the ARCOM after his discharge.  He only received an ARCOM Certificate which had the incorrect social security number (SSN).  The date of his ARCOM award was the date his unit returned from overseas and not actually the date he was released from service.

3.  The applicant provides:

* DD Form 214, ending date of 17 June 1969
* ARCOM Certificate, dated 23 August 1969
* social security card
* ARCOM Citation
* Department of the Army General Orders (DAGO) Number 616, dated 
13 August 1969

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.  On 5 February 1966, the applicant enlisted in the Idaho (ID) Army National Guard (IDARNG).

3.  On 9 May 1966, he was ordered to active duty for training as a 91A (Medical Corpsman).  On 10 October 1966, he was honorably released from active duty and transferred back to the IDARNG.  

4.  On 13 May 1968, the applicant was ordered to active duty for 24 months.  He was assigned to Headquarters and Headquarters Company, 116th Engineer Battalion (Combat).  On 17 June 1969, he was honorably released from active duty and transferred back to the IDARNG to complete his remaining service obligation.  

5.  The applicant's DD Form 214 from the period ending 17 June 1969 shows he received the following awards:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Overseas Service Bar

6.  On 23 August 1969, the applicant received an ARCOM certificate and citation for the period of 5 June 1968 to 25 August 1969.  However, the certificate has a different SSN than the applicant's.  

7.  General Orders (GO) Number 616, issued by Headquarters, 18th Engineer Brigade, dated 13 August 1969, announced the award for the ARCOM to the applicant for meritorious service in Vietnam while he was assigned to Headquarters and Headquarters Company, 116th Engineer Battalion (Combat) from 5 June 1968 to 25 August 1969.  His SSN was incorrectly listed on the orders.

8.  The applicant submitted a copy of his social security card listing his correct SSN.
9.  A review of the applicant's service record reveals that he participated in four Vietnam campaigns.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by the units serving in Vietnam.  This pamphlet shows the 116th Engineer Battalion was cited for award of the Meritorious Unit Commendation (MUC) for the period of 7 October 1968 to 
31 May 1969, by Department of the Army GO (DAGO) 60, dated 1969.

12.  DAGO Number 8, dated 1974, announced award of the RVN 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.  Although a review of the applicant's record shows that the wrong SSN was listed on the orders awarding him an ARCOM, his record also shows that he was released from active duty service on 17 June 1969, and did not receive his ARCOM until 23 August 1969, after he was released from active duty service.  Therefore, it is appropriate to correct his DD Form 214 to show that he was awarded the ARCOM.  

2.  Additionally, the applicant's ARCOM Certificate should be reissued and the awards order with the incorrect SSN should be amended.

3.  He was awarded the VSM and he participated in four campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on his previously-awarded VSM.

4.  The applicant was a member of the 116th Engineer Battalion during the period for which it was awarded the MUC and the RVN Gallantry Cross with Palm Unit Citation.  The unit awards should be added to his DD Form 214






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: 

   a.  Re-issuing his ARCOM Certificate and amending the ARCOM orders to
show the SSN listed on his social security card; 

   b.  removing the VSM from his DD Form 214; and
	
   c.  adding the following awards to his DD Form 214 – 
   
* ARCOM 
* MUC
* RVN Gallantry Cross With Palm Unit Citation
* VSM with four bronze service stars



      
      
      __________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)                                         AR20140013405



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140013637



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1