IN THE CASE OF:
BOARD DATE: 22 September 2015
DOCKET NUMBER: AR20150002294
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 (Certificate of Release or Discharge from Active Duty) to show a second award of the Army Commendation Medal.
2. The applicant states he was awarded two Army Commendation Medals but his DD Form 214 only shows one.
3. The applicant provides:
* General Orders (GO) Number 16670, dated 11 September 1970, issued by Headquarters, 1st Cavalry Division (Airmobile)
* two awards certificates showing the award of an Army Commendation Medal dated 11 September 1970 and an Army Commendation Medal dated 19 September 1980
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. After having prior service in the U.S. Navy Air Reserve, the applicant enlisted in the Regular Army on 14 June 1965. He served in a variety of assignments, to include a tour in Vietnam assigned to the 13th Signal Battalion. He rose to the rank/grade of sergeant first class/E-7.
3. On 30 September 1985, he honorably retired from active duty. His DD Form 214 shows he completed 20 years and 21 days of net active creditable service. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) lists among his authorized awards the Army Commendation Medal (1st Award) and the Vietnam Service Medal with three bronze service stars.
4. The applicant's available records contain the following:
* GO Number 16670, dated 11 September 1970, issued by Headquarters, 1st Cavalry Division (Airmobile), awarding the applicant the Army Commendation Medal (1st Award) for the period October 1969 to August 1970
* Permanent Orders (PO) Number 184-1, dated 19 September 1980, issued by Headquarters, U.S. Army Armor Center and Fort Knox, awarding the applicant the Army Commendation Medal (2nd Award) for the period 4 September 1977 to 30 August 1980
5. His DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Vietnam from on or about 1 October 1969 to on or about 30 October 1970. He has qualifying service for four campaigns:
* Vietnam Summer - Fall 1969 (9 June 1969 to 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 to 30 April 1970)
* Sanctuary Counteroffensive (1 May 1970 to 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971
6. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. Bronze service stars are awarded and are to be added to the Vietnam Service Medal for each campaign in which the Soldier has participated.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests the correction of his DD Form 214 to show his second award of the Army Commendation Medal. His records contain orders showing he was awarded his second Army Commendation Medal on 19 September 1980. This second award is absent from his DD Form 214 and it should be added.
2. Currently his DD Form 214 reflects three bronze service stars added to his already-awarded Vietnam Service Medal. His records show, however, he participated in four, not three campaigns. As such, his DD Form 214 should show four instead of three bronze service stars on his Vietnam Service Medal.
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 amending item 13 of the applicant's DD Form 214 for the period ending 30 September 1985 as follows:
* delete the Army Commendation Medal and add the Army Commendation Medal (2nd Award)
* delete the Vietnam Service Medal with three bronze service stars and add the Vietnam Service Medal 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) AR20150002294
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150002294
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060000825C070205
In the absence of a proper award authority for this decoration, the applicant may request a third award of the Bronze Star Medal under the provisions of Section 1130 of Title 10, United States Code. Headquarters, 25th Infantry Division General Orders Number 10444, dated 23 October 1970, show the applicant received the Bronze Star Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending Headquarters, 1st...
ARMY | BCMR | CY2009 | 20090013880
The applicant requests correction of his records to show two awards of the Army Commendation Medal and two awards of the Bronze Star Medal. The applicant's military personnel records do not contain any orders or other evidence that shows he was awarded the Army Commendation 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 for exemplary conduct, efficiency, and fidelity...
ARMY | BCMR | CY2010 | 20100011261
The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his authorized awards include the Air Medal with "V" Device and oak leaf clusters. However, there is no available evidence that the applicant was awarded the Air Medal with "V" Device. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the awards currently shown on his DD Form 214...
ARMY | BCMR | CY2014 | 20140011852
His DD Form 214 shows he was awarded or authorized the: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Air Medal * Army Commendation Medal * National Defense Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * two Overseas Service Bars 6. Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 14 September 1967 to...
ARMY | BCMR | CY2009 | 20090011646
It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 31 January 1969 through 8 December 1970 based on completion of a period of...
ARMY | BCMR | CY2002 | 2002082863C070215
16 October 1969 in Vietnam. However, evidence of record shows the applicant participated in six campaigns during his assignments in Vietnam which are not correctly shown by award of one silver service star and one bronze service star for wear on his Vietnam Service Medal. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal with Second Oak Leaf Cluster with "V" Device, the Air Medal, the...
ARMY | BCMR | CY2009 | 20090002198
Available orders show the applicant was awarded the Combat Infantryman Badge and the Air Medal (2nd award). There is no evidence that the applicant was denied award of the Good Conduct Medal from 21 June 1968 through 22 January 1970. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Good Conduct Medal for the period from 21 June 1968 through 22 January 1970; b. deleting the Air Medal from the...
ARMY | BCMR | CY2011 | 20110001937
Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Air Medal * Army Commendation Medal * Bronze Star Medal 4. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. ...
ARMY | BCMR | CY2013 | 20130007806
Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show...
ARMY | BCMR | CY2012 | 20120003771
The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Army Commendation Medal (ARCOM) with "V" Device (1st Oak Leaf Cluster). General orders show the applicant was awarded the ARCOM with "V" Device and the ARCOM for meritorious service. 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...