IN THE CASE OF: BOARD DATE: 16 October 2012 DOCKET NUMBER: AR20120006617 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 the Army Commendation Medal (ARCOM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states: * he was awarded the ARCOM, but it is not included on his DD Form 214 * he received the award by mail in early 1969 3. The applicant provides: * an award certificate for the ARCOM for meritorious service during the period November 1967 to October 1968 * 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 2 February 1966 for a period of 3 years. He arrived in Vietnam on 8 August 1967. He served as a turret mechanic assigned to Company B, 2nd Battalion, 34th Armor in Vietnam from 10 August 1967 to 31 October 1968. On 31 October 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. 3. His DD Form 214 shows the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Marksman Marksmanship Qualification Badge with Rifle Bar 4. Orders, dated 22 October 1968, show he received the ARCOM for meritorious service during the period November 1967 to October 1968. 5. Orders, dated 30 October 1968, show he received the first award of the Army Good Conduct Medal. 6. Records show he participated in three campaigns during his assignment in Vietnam. 7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows Company B, 2nd Battalion, 34th Armor was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders 21, dated 1969. 8. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal. DISCUSSION AND CONCLUSIONS: 1. Orders show the applicant received the ARCOM and first award of the Army Good Conduct Medal. His DD Form 214 should be corrected to show these awards. 2. He participated in three campaigns during his assignment in Vietnam that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal. His DD Form 214 should be corrected to show these service stars. 3. His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. His DD Form 214 should be corrected to show this unit award. 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 the ARCOM, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214. _______ _ __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) AR20120006617 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120006617 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1