IN THE CASE OF: BOARD DATE: 6 January 2011 DOCKET NUMBER: AR20100018503 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 DD Form 214 be corrected to reflect his campaign stars. 2. The applicant states that he was stripped of his campaign stars by a young inexperienced private first class. He goes on to state that he served in eight campaigns in Vietnam and desires his records to be corrected before he passes away. 3. The applicant provides no additional documents with his application. 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 (RA) on 7 April 1967 for a period of 3 years and training as a combat engineer. He completed his training and was transferred to Vietnam on 4 May 1968 for assignment to Company B, 20th Engineer Battalion. He participated in eight campaigns and departed Vietnam on 16 July 1970 for Fort Lewis, Washington where he was honorably released from active duty (REFRAD) as an overseas returnee on that date. He had served 3 years, 3 months, and 10 days of total active service and he was awarded the National Defense Service Medal, Vietnam Service Medal (VSM), and Republic of Vietnam Campaign Medal. 3. On 17 August 1983, he again enlisted in the RA for a period of 3 years and training as a medical specialist. He continued to serve until he was honorably retired on 3 June 1993 and was placed on the Temporary Disability Retired List in the pay grade of E-5 due to physical disability - Temporary. He had served 13 years and 28 days of total active service and his DD Form 214 issued at the time of his retirement shows he was awarded the Army Achievement Medal, Good Conduct Medal (3d Award), National Defense Service Medal with one bronze service star, VSM, Republic of Vietnam Campaign Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon, Overseas Service Ribbon with numeral 2, and marksmanship badges. 4. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service medal, to include the Vietnam Service Medal, for each credited campaign participation. 5. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC with Palm) Unit Citation and the Meritorious Unit Commendation (MUC) during the period he was assigned to the unit. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that his campaign stars were omitted from his DD Form 214 has been noted and found to have merit. 2. The applicant participated in eight campaigns and therefore he is entitled to have his DD Form 214 corrected to show he is authorized one silver and three bronze service stars to be worn on his already-awarded VSM. 3. Additionally, the applicant’s unit in Vietnam was subsequently awarded the RVNGC with Palm Unit Citation and the MUC during the period he was assigned to the unit and therefore he should have those awards added to his DD Form 214 as well. BOARD VOTE: ____X____ ___X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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 VSM from his last DD Form 214 and adding the VSM with one silver and three bronze service stars * Adding the RVNGC with Palm Unit Citation and the MUC to his last DD Form 214 2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms. _______ _ _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) AR20100018503 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100018503 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1