IN THE CASE OF: BOARD DATE: 29 September 2016 DOCKET NUMBER: AR20150007502 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 29 September 2016 DOCKET NUMBER: AR20150007502 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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: a. deleting award of the Vietnam Service Medal from his DD Form 214 for the period ending 22 June 1971 and b. adding the following awards to his DD Form 214 for the period ending 22 June 1971: * Army Commendation Medal * Vietnam Service Medal with one bronze service star ___________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. IN THE CASE OF: BOARD DATE: 29 September 2016 DOCKET NUMBER: AR20150007502 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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal. 2. The applicant states he was discharged from the Army in June 1971 and the Army Commendation Medal general orders were issued in July 1971. 3. The applicant provides: * DD Form 214 * Army Commendation Medal Certificate * Headquarters, U.S. Army Support Command, Saigon, General Orders Number 744 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 U.S. Army Reserve under the Delayed Entry Program on 1 March 1967. He was discharged from the U.S. Army Reserve on 25 June 1967 for immediate enlistment in the Regular Army. 3. He enlisted in the Regular Army on 26 June 1971. 4. He served in Vietnam from 21 July 1970 to on or about 22 June 1971 and he participated in one campaign. 5. He was honorably released from active duty as an overseas returnee on 22 June 1971. 6. His DD Form 214, as amended, shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Good Conduct Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * two overseas service bars * Marksman Marksmanship Qualification Badge with Rifle Bar 7. He provided Headquarters, U.S. Army Support Command, Saigon, General Orders Number 744, dated 8 July 1971, awarding him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force during the period July 1970 to June 1971. REFERENCES: Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized for wear on the Vietnam Service Medal for each credited campaign. DISCUSSION: 1. The evidence shows the applicant was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force during the period July 1970 to June 1971. This medal is not shown on his DD Form 214 for the period ending 22 June 1971. 2. The evidence also shows he participated in one campaign during his service in Vietnam and is authorized award of the Vietnam Service Medal with one bronze service star. The bronze service star is not shown on his DD Form 214 for the period ending 22 June 1971. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150007502 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150007502 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2