IN THE CASE OF: BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150004388 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 his award of the Army Commendation Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 8 September 1971. 2. The applicant states the award was in process as he departed service and it was sent to him but never added to his DD Form 214. He recently obtained redacted copies of the award from the National Archives. 3. The applicant provides: * a letter, dated 13 February 2015, from the National Archives and Records Administration (NARA), College Park, MD * a U.S. Army Vietnam (USARV) Form 157-R (Recommendation for Decoration for Valor or Merit), dated 27 August 1971 * Headquarters, U.S. Army Support Command, Cam Ranh Bay General Orders Number 591, dated 1 October 1971 * a recommendation, dated 27 August 1971, for award of the Army Commendation Medal * a routing document, dated 31 August 1971, for his award of the Army Commendation Medal * a memorandum, dated 25 August 1971, from 97th Transportation Company (Heavy Boat (HB)) subj: Letter of Late Submittal 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 3 February 1970, he was inducted into the Army of the United States. He completed basic combat and advanced individual training and was awarded military occupational specialty 61D (Amphibious Operator). 3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 110th Transportation Platoon (Watercraft) in the Republic of Vietnam from 28 July 1970 to 7 September 1971. 4. He provided a USARV Form 157-R, dated 29 August 1971, recommending him for the award of the Army Commendation Medal. His SSN is redacted on the form. His unit is listed as the 97th Transportation Company (Heavy Boat (HB)). The narrative states in part: a. He was assigned to the 110th Transportation Platoon (WC) as a light amphibious resupply craft (LARC) V crewman. b. In May of 1971 he volunteered his service as driver for the executive officer of the 97th Transportation Company (HB) the LARC V platoon's parent unit. 5. A DA Form 137 (Installation Clearance Record) shows he cleared his organization on 4 September 1971. His organization shown on the form is the 97th Transportation Company (HB). 6. On 8 September 1971, he was released from active duty. His DD Form 214 does not show he was awarded the Army Commendation Medal. 7. He provided a redacted copy of Headquarters, U.S. Army Support Command, Cam Ranh Bay, General Orders Number 591, dated 1 October 1971, that he received from NARA. The orders list 11 Soldiers who were awarded the Army Commendation Medal. The applicant's name is among those cited for the award of the Army Commendation Medal for meritorious service from August 1970 to September 1971. The social security numbers (SSN) of all of the Soldiers listed were redacted. He is identified as being assigned to the 97th Transportation Company (HB). 8. A history of the 97th Transportation Company (HB) shows on 15 December 1968, the company assumed control of the Provisional LARC Platoon. On 2 November 1969 the LARC platoon was officially designated the 110th Transportation Platoon (WC). 9. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. a. All decorations, service medals, campaign credits, and badges awarded or authorized will be entered on the DD Form 214. b. The purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It was important that information entered on the form be complete and accurate and reflected the conditions as they existed at the time of separation. DISCUSSION AND CONCLUSIONS: His SSN is redacted on the orders he provided from NARA awarding the Army Commendation Medal. However, the statements in the narrative description on the USARV Form 157-R, the DA Form 137, and the history of the 97th Transportation Company (HB) show the 110th Transportation Platoon was a part of the 97th Transportation Company (HB). The evidence is sufficient to show he is the individual listed on the orders for award of the Army Commendation Medal showing his unit as the 97th Transportation Company (HB). 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 Army Commendation Medal to his DD Form 214 with an effective date of 8 September 1971. _______ _ __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) AR20150004388 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004388 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1