IN THE CASE OF: BOARD DATE: 8 February 2023 DOCKET NUMBER: AR20220006782 APPLICANT REQUESTS: correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his Army Commendation Medal. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Army Commendation Medal (ARCOM) certificate and citation FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, there was an administrative error because his ARCOM was not reflected on his DD Form 214. 3. The applicant provides: a. An ARCOM certificate and citation, dated 27 March 1969 for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam, during the period April 1968 to March 1969. b. DD Form 214 shows he was honorably transferred to the U.S. Army Reserve (USAR) on 17 October 1969, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), separation program number (SPN) 201, expiration of term of service. He served 2 years of net service this period. Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal, with 60 device * Air Medal * Purple Heart * 2 Overseas Bars * Combat Infantryman’s Badge (1st Award) * Expert (Rifle) 4. A review of the applicant’s service record shows: a. He was inducted into the Army of the United States on 18 October 1967. b. He was honorably transferred to USAR Control Group on 17 October 1969, after serving 2 years of net service this period. 5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active-duty service, or control of the Active Army. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records Board determined there was sufficient evidence to support correction to the applicant’s DD Form 214 to annotate his Army Commendation Medal on his DD Form 214. During deliberation, the Board found the applicant’s records were absent awards earned during his period of service in the Republic of Vietnam. Based on this, the Board granted relief to correct the applicant’ s DD Form 214 by adding his Army Commendation Medal and awarding him the Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 Army records of the individual concerned be corrected by amending his DD Form 214 by awarding him the: * Army Commendation Medal * Vietnam Counteroffensive Phase IV * Vietnam Counteroffensive Phase V * Vietnam Counteroffensive Phase VI * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Delete- Vietnam Service Medal * Add – Vietnam Service Medal w/ 3 bronze stars 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. REFERENCES: 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 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. 2. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active-duty service, or control of the Active Army. Paragraph 2–1 (Preparing the DD Form 214) states, the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active-duty service at the time of release from active duty, retirement, or discharge. a. Paragraph 2-1 states, Personnel officers will prepare and authenticate DD Form 214WS (Worksheet) prior lo forwarding records to the transfer facility. All available records will be used as a basis for the preparation of DD Form 214WS, including DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and orders. b. Paragraph 2-41 (Item 24) states, enter from section 9, DA Form 20 (Enlisted Qualification Record) all decorations. service medals, campaign credits, and badges awarded or authorized omitting authorities cited therein. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006782 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1