RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 03 April 2008 DOCKET NUMBER: AR20070018928 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mr. Dean L. Turnbull Analyst The following members, a quorum, were present: Ms. Carmen Duncan Chairperson Ms. LaVerne M. Douglas Member Mr. Jeffrey C. Redmann Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests his records be corrected to show the award of the Army Commendation Medal (ARCOM). 2. The applicant states he was awarded the ARCOM on 14 April 1972, but it is not recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 3. The applicant provides a copy of his DD Form 214 and Headquarters, U.S. Army Support Command, Saigon, General Orders Number 434 dated 14 April 1972. 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's military personnel record shows he was inducted into the Army of the United States on 5 October 1970. He completed the necessary training and was awarded the military occupational specialty (MOS) 74D (Machine Operations Specialist). 3. He served with the 222nd Personnel Service Company during the period   25 July 1971 to 13 April 1972 in the Republic of Vietnam. He was honorably discharged from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training), St. Louis, Missouri on 18 April 1972. He completed   1 year, 6 months, and 14 days of Net Service This Period. 4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the award of the National Defense Service Medal, Army Good Conduct Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, one Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. However, it does not show the award of the ARCOM. 5. Headquarters, U.S. Army Support Command, Saigon, General Orders Number 434 dated 14 April 1972 shows the applicant was awarded the ARCOM for meritorious service in connection with military operations against a hostile force during July 1971 to April 1972. 6. A Review of the applicant's records indicates entitlement to additional awards and decorations not shown in item 24 of his DD Form 214. 7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. This document shows that the 222nd Personnel Service Company was awarded the Meritorious Unit Commendation, based on Department of the Army General Order Number 54, dated 1974. 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 Republic of Vietnam. This document shows that all units assigned in the Republic of Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974. 9. The applicant's records show that he was awarded the Vietnam Service Medal. However, his DD Form 214 does not show any bronze service stars indicating campaign credit. 10. Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Consolidation I (1 July 1971 to 30 November 1971); Consolidation II   (1 December 1971 to 29 March 1972); and Vietnam Cease-Fire (30 March   1972 to 28 January 1973). DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his records should be corrected to show the award of the ARCOM. 2. Orders show the applicant was awarded the ARCOM. Therefore, he is entitled to correction of his records to show this award. 3. The available evidence show the applicant is authorized award of the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his records to show these unit awards. 4. Evidence shows that the applicant participated in three campaigns during his service in the Republic of Vietnam. Therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal. BOARD VOTE: __CD __ __LMD__ __JCR___ 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 showing the awards of the ARCOM, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his Vietnam Service Medal. ___Carmen Duncan ___ CHAIRPERSON