IN THE CASE OF:
BOARD DATE: 8 May 2008
DOCKET NUMBER: AR20070018822
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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Good Conduct Medal, 4 bronze service stars for wear on his Vietnam Service Medal, and the "Device (1960)" for wear on his Vietnam Campaign Medal.
2. The applicant states he was authorized these awards by action of the National Personnel Records Center (NPRC), St. Louis, MO, but they were never put on his DD Form 214.
3. The applicant provides:
a. A copy of an NPRC letter dated 15 November 2006.
b. A copy of his DD Form 214.
c. A copy of DA Form 1577 (Authorization for Issuance of Awards).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant served in the Army of the United States from 13 February 1969 through 15 September 1970. He served in Vietnam from on/about 14 July 1969 to on/about 13 September 1970. His DD Form 214 shows award of the Army Commendation Medal, National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.
3. The applicant was issued a DA Form 1577 on 8 January 1990 authorizing award of the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal (amended by NPRC to show 4 bronze service stars), the Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Auto Rifle Bar and Rifle Bar.
4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 to 28 March 1973 by Department of the Army General Order Number 8, dated 1974. It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 July 1968 to 9 February 1970 by Department of the Army General Order Number 43, dated 1970.
DISCUSSION AND CONCLUSIONS:
1. The applicant was authorized certain corrections to his DD Form 214 which were never made. Specifically, he is entitled to have the Good Conduct Medal added, 4 bronze service stars added to his Vietnam Service Medal, the Device (1960) added to his Republic of Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Auto Rifle Bar and Rifle Bar. These corrections were previously identified by NPRC.
2. In addition, the applicant is authorized to have the Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation added to his DD Form 214.
BOARD VOTE:
__xxx___ __xxx___ __xxx___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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:
a. Deleting the Vietnam Service Medal and the Vietnam Campaign Medal from his DD Form 214; and
b. Adding the Good Conduct Medal, the Vietnam Service Medal with 4 bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Expert Marksmanship Qualification Badge with Auto Rifle Bar and Rifle Bar, the Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
XXX
_ ______________
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.
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