IN THE CASE OF: BOARD DATE: 25 August 2015 DOCKET NUMBER: AR20150000833 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 that his award of the Army Commendation Medal (ARCOM) and any other medals to which he is entitled be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 2. The applicant states, in effect, that his award of the ARCOM was never entered on his DD Form 214. Additionally, he desires to have any other awards he is authorized added to his DD Form 214. 3. The applicant provides copies of his ARCOM citation and transmittal and his 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 26 September 1966 for a period of 3 years. He completed his basic training at Fort Gordon, Georgia and his advanced individual training as a wireman at Fort Polk, Louisiana and was transferred to Fort Lee, Virginia for his first assignment. 3. On 1 May 1968, he was transferred to Vietnam for assignment to A Battery, 2nd Battalion, 32nd Artillery Regiment. He served in four campaigns and departed Vietnam on 28 April 1969. He was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 29 April 1969 as an overseas returnee. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal and Good Conduct Medal. 4. General Orders Number 1544 issued by Headquarters, U.S. Army Vietnam on 30 April 1969 awarded the applicant the ARCOM for meritorious service during the period April 1968 to April 1969. 5. 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 the applicant’s unit was cited for the award of the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit. DISCUSSION AND CONCLUSIONS: 1. The applicant was awarded the ARCOM for meritorious service in Vietnam during the period April 1968 to April 1969 and is entitled to have that award added to his DD Form 214. 2. The applicant served in four campaigns in Vietnam and is entitled to wear four bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214. 3. The applicant’s unit was awarded the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show those unit awards. 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: * deleting the Vietnam Service Medal from his DD Form 214 * adding the Vietnam Service Medal with four bronze service stars, Army Commendation Medal, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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) AR20150000833 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150000833 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1