IN THE CASE OF:
BOARD DATE: 3 September 2015
DOCKET NUMBER: AR20150001724
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, 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 with Oak Leaf Cluster (ARCOM (2nd Award)).
2. The applicant states he wants his awards added to the DD Form 214.
3. The applicant provides copies of:
* DD Form 214 (Copy Number 1)
* General Orders Number 4115, 4th Infantry Division, dated 4 August 1970
* Citation and Certificate for award of the ARCOM w/1st OLC
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 10 February 1969, the applicant was inducted into the Army of the United States. He completed his initial training as a light weapons infantryman.
3. Special Orders Number 120, Fort Polk, Louisiana, dated 21 May 1969, announced the applicants award of the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.
4. On 20 June 1969, the applicant departed Fort Polk for duty in the Republic of Vietnam (RVN). He arrived in the RVN on or about 17 July 1969.
a. On 1 August 1969, he was assigned to Company A, 1st Battalion, 35th Infantry Regiment, 4th Infantry Division.
b. General Orders Number 1490, 4th Infantry Division, dated 14 March 1970, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight during 1 August 1969 to 8 February 1970.
c. General Orders Number 1544, 4th Infantry Division, dated 16 March 1970, announced the applicants award of the ARCOM for meritorious achievement during 1 January to 1 March 1970.
d. General Orders Number 4115, 4th Infantry Division, dated 4 August 1970, announced the applicants award of the ARCOM (2nd Award) for meritorious achievement from 30 June to 1 July 1970.
5. On or about 18 July 1970, the applicant departed the RVN and returned to the United States for duty at Fort Lewis, Washington.
6. On 15 March 1971, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). He completed 2 years of total active service. His DD Form 214 indicates he received the following awards:
* National Defense Service Medal
* RVN Campaign Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal
* Combat Infantryman Badge
7. Appendix B of Army Regulation 600-8-22 shows that based on the applicants
RVN service he participated in three campaigns. The same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This publication shows that the 1st Battalion, 35th Infantry Regiment, 4th Infantry Division, during the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 52, dated 1971, for award of the RVN Gallantry Cross with Palm Unit Citation; and in DAGO Number 53, dated in 1970, for award of the RVN Civil Actions Honor Medal First Class Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the ARCOM (2nd Award).
2. General orders show the applicant was awarded the Air Medal and two ARCOMs. Therefore, these medals should be shown on his DD Form 214.
3. Special orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar. Therefore, this badge should be shown on his DD Form 214.
4. Records show that the applicant participated in three campaign periods during his service in the RVN. Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
5. Records show the applicants unit was awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation. Therefore, these foreign unit awards should be shown on 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. deleting from his DD Form 214 the Vietnam Service Medal; and
b. adding to his DD Form 214 the:
* Air Medal
* Army Commendation Medal (2nd Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar
_______ _ _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) AR20140000079
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20150001724
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