Search Decisions

Decision Text

ARMY | BCMR | CY2015 | 20150000748
Original file (20150000748.txt) Auto-classification: Denied

	

		BOARD DATE:	    6 August 2015

		DOCKET NUMBER:  AR20150000748 


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 the Army Commendation Medal.

2.  The applicant states a captain within his leadership had put him in for an award when he was leaving Vietnam; however, it is not shown on his DD Form 214.

3.  The applicant provides his DD Form 214, certificate, and an award citation.

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 February 1965 and he held military occupational specialty 72B (Communication Center Specialist).  He served in Vietnam from 5 February 1968 to 29 January 1969 while assigned to the 330th Radio Research Company/

3.  He was honorably released from active duty on 2 February 1969 and he was transferred to the U.S. Army Reserve.  The DD Form 214 he was issued does not show award of the Army Commendation Medal.

4.  His record is void of orders awarding him the Army Commendation Medal.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of the Army Commendation Medal.

5.  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 Military Awards Branch, failed to reveal any orders for the Army Commendation Medal pertaining to the applicant.

6.  The applicant provides:

   a. An Army Commendation Medal Certificate, dated 3 February 1969, wherein it shows he was awarded the Army Commendation Medal for meritorious service in Vietnam during the period February 1968 to January 1969.

	b.  An Army Commendation Medal Citation, undated, wherein it shows he distinguished himself by exceptionally meritorious service in Vietnam during the period February 1968 to January 1969 while serving as a member of the 330th Radio Research Company.

7.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

The evidence of record is void of orders showing the applicant was awarded the Army Commendation Medal.  The governing Army regulation states that formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Army Commendation Medal.  Regrettably, in the absence of orders, there is insufficient evidence to correct his DD Form 214 to show award of the Army Commendation Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_X_______  __X______  ___X__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20150000748





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150000748



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140016994

    Original file (20140016994.txt) Auto-classification: Approved

    The applicant states: * he was awarded the Aircraft Crew Member Badge by his commanding officer, 330th Radio Research Company at Pleiko in 1970 * he wore the badge on his uniform for 2 years but it does not show on his DD Form 214 * he was also awarded the Presidential Unit Citation and the Meritorious Unit Citation * he was told by other unit members that his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation * he served on active duty for 3 years, 7...

  • ARMY | BCMR | CY2010 | 20100019063

    Original file (20100019063.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Therefore, his DD Form 214 should be corrected to show these unit awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; b. deleting from item 30 of his DD Form 214 the entry "RVN - 3 Sep 67 - 25 Sep 78," c. adding to item 24 of his DD Form 214 the: *...

  • ARMY | BCMR | CY2014 | 20140016228

    Original file (20140016228.txt) Auto-classification: Approved

    The applicant states his DD Form 214 indicates overseas service but does not show he served in Vietnam. Although it was not until March 1972 that change number 15 to Army Regulation 635-5 authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964, there is no harm in adding his service in the RVN during the period 7 May 1967 through 3 December 1968 to his DD Form 214. As a result, the Board recommends that all Department of the Army records of...

  • ARMY | BCMR | CY2015 | 20150000608

    Original file (20150000608.txt) Auto-classification: Approved

    The applicant requests, in effect, 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 (2nd Award), Bronze Star Medal, and his Letter of Appreciation. Army Regulation 600-8-22 (Military Award) states: a. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from his DD Form 214 the Vietnam Service Medal * adding to this DD...

  • ARMY | BCMR | CY2009 | 20090000070

    Original file (20090000070.txt) Auto-classification: Approved

    The applicant requests, in effect, award of any additional Valorous Unit Award, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation medals, and their addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant one silver service star and three bronze service stars to be...

  • ARMY | BCMR | CY2013 | 20130004847

    Original file (20130004847.txt) Auto-classification: Approved

    The applicant states he was awarded the Bronze Star Medal for his service in Vietnam. There is no evidence to show the applicant received the first award of the Army Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 28 April 1970 through 7 November 1971; b. deleting award of the Meritorious Unit Cross from his DD Form 214; and c....

  • ARMY | BCMR | CY2009 | 20090019922

    Original file (20090019922.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following: * service in Vietnam through April 1971 instead of April 1970 * three awards of the Army Commendation Medal * two awards of the Bronze Star Medal 2. The applicant states the following: * his DD Form 214 shows his Vietnam service from 6 September 1969 through 5 April 1970 * he was actually in Vietnam through April 1971 * his DD Form 214 shows he was...

  • ARMY | BCMR | CY2012 | 20120012337

    Original file (20120012337.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). 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 following: * Purple Heart * two Bronze Star Medals (BSM) * Army Commendation Medal (ARCOM) * Army Good Conduct Medal * two Certificates of Appreciation 2. Headquarters, Americal Division, General Orders Number 3875, dated 21 May 1969, with BSM Certificate,...

  • ARMY | BCMR | CY2010 | 20100019408

    Original file (20100019408.txt) Auto-classification: Approved

    He provides: * DA Form 20 (Enlisted Qualification Record), page 3 * list of unit awards for the 374th Radio Research Company CONSIDERATION OF EVIDENCE: 1. 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 the applicant's DD Form 214 two Meritorious Unit Commendations, one Republic of Vietnam Gallantry Cross with Palm Unit Citation, four bronze service stars to be affixed to his Vietnam Service Medal,...

  • ARMY | BCMR | CY2009 | 20090003960

    Original file (20090003960.txt) Auto-classification: Approved

    He also requests that his DA Form 20 (Enlisted Qualification Record) be corrected to show all of the campaign periods that he participated in. The applicant states, in effect, that he served in Vietnam with two different units that were awarded the Meritorious Unit Commendation and that neither his DA Form 20 nor his DD Form 214 show both awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in addition to the...