BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160000792 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 BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160000792 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 from his DD Form 214 the Vietnam Service Medal and b. adding to his DD Form 214 the Army Commendation Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with two bronze service stars. ______________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. BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160000792 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 the Army Commendation Medal. 2. The applicant states, in effect, he received the above award through the U.S. Postal Service after he returned from Vietnam and was discharged. 3. The applicant provides a citation and award certificate for the Army Commendation Medal 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 17 October 1969. 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. Item 31 (Foreign Service), he served in Vietnam from 7 September 1970 to 29 August 1971. b. Item 38 (Record of Assignments), he was served in Vietnam and he was assigned to: (1) Headquarters and Headquarters Detachment, 10th Transportation Battalion from 8 September 1970 to 26 April 1971; and (2) the 155th Transportation Company from 27 April to 29 August 1971. c. Item 41 (Awards and Decorations), does not contain an entry for the Army Commendation Medal. 4. His service record contains General Orders Number 508 published on 23 August 1971 by Headquarters, U.S. Army Support Command Cam Rahn Bay, that awarded him the Army Commendation Medal for meritorious service from September 1970 to August 1971. 5. He provided a citation and award certificate that shows he was awarded the Army Commendation Medal for meritorious service from September 1970 to August 1971 in the Republic of Vietnam. 6. The Army honorably released him from active duty on 20 April 1972 and transferred him to the U.S. Army Reserve Control Group (Reinforcement). The DD Form 214 issued for this period shows the following awards: * Army Good Conduct Medal (1st Award) * Republic of Vietnam Campaign Medal with Device (1960) * National Defense Service Medal * Vietnam Service Medal * two Overseas Service Bars REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 2. Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. Appendix B shows that during his service in Vietnam, he participated in the Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) and Consolidation I (1 July - 30 November 1971) campaigns. DISCUSSION: 1. General orders show the applicant was awarded the Army Commendation Medal; however, this award is not listed on his DD Form 214. 2. The evidence of record shows the applicant served in Vietnam from 7 September 1970 to 29 August 1971. All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. However, his DD Form 214 does not reflect this foreign unit award. 3. The applicant's DD Form 214 currently reflects the Vietnam Service Medal; however, it does not reflect the two bronze service stars to denote his participation in two campaigns. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000792 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000792 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2