BOARD DATE: 15 August 2017 DOCKET NUMBER: AR20160001572 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: 15 August 2017 DOCKET NUMBER: AR20160001572 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 amending his DD Form 214, ending 29 June 1973, to add the Army Commendation Medal (1st Award) and the Valorous Unit Award. ______________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: 15 August 2017 DOCKET NUMBER: AR20160001572 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) by adding his already-awarded Army Commendation Medal. 2. The applicant states he found the paperwork for his Army Commendation Medal while he was going through some old files and realized it was not listed on his DD Form 214. 3. The applicant provides: * Army Commendation Medal Citation * Army Commendation Medal Certificate * General Orders (GO) Number 810, dated 1 February 1973 * DD Form 214, ending 29 June 1973 * Congressional correspondence, dated December 2015, January 2016, February 2016, and June 2016 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 21 December 1971. He held military occupational specialty 11B (Light Weapons Infantryman). 3. He served in Vietnam from 29 May 1972 to 4 February 1973. While in Vietnam, he was assigned to three units: * Company C, 1st Battalion, 7th Cavalry Regiment (on or about 29 May to on or about 4 August 1972) * Company E, (battalion not identified), 14th Infantry Regiment (on or about 5 August to 14 November 1972) * Troop H, 10th Air Cavalry Squadron (15 November 1972 to on or about 1 February 1973) 4. He was honorably released from active duty on 29 June 1973. His DD Form 214 shows he completed 1 year, 6 months, and 9 days of net active service. As amended by a DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty)), his DD Form 214 also shows he was awarded or authorized: * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal with one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Rifle Bar * First Class Marksmanship Badge with Machine Gun Bar 5. The applicant provides GO Number 810, dated 1 February 1973, issued by Headquarters, 1st Aviation Brigade, awarded him the Army Commendation Medal for the period November 1972 to March 1973. REFERENCE: Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows Troop H, 10th Air Cavalry Squadron was awarded the Valorous Unit Award for the period 10 September 1972 to 28 January 1973 by DAGO Number 9, 1979. DISCUSSION: 1. GO awarded the applicant the Army Commendation Medal; this award is not listed on his DD Form 214. 2. While assigned to Troop H, 10th Air Cavalry Squadron, his unit was awarded the Valorous Unit Award; this award is also missing from his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001572 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001572 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2