IN THE CASE OF:
BOARD DATE: 24 June 2008
DOCKET NUMBER: AR20080001040
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, in effect, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show all of his awards.
2. The applicant states that he believes his DD Form 214 is incomplete with regard to his awards.
3. The applicant provides a copy of his DD Form 214 and a citation for award of the Army Commendation Medal.
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. On 8 December 1965, the applicant was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. On 9 May 1966, the applicant was assigned for duty as a team leader with the 3rd Battalion, 12th Infantry Regiment, 4th Infantry Division, at Fort Lewis, Washington.
4. On 13 September 1966, the applicant deployed with his unit to the Republic of Vietnam. He returned to the United States on 11 September 1967.
5. On 13 September 1967, the applicant was released from active duty. He had attained the rank of sergeant, pay grade E-5 and had completed 1 year,
9 months, and 6 days of creditable active duty.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, [Army] Good Conduct Medal, Vietnam Service Medal, [Republic of] Vietnam Campaign Medal [with Device (1960)], Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
7. General Orders Number 3487, Headquarters, 4th Infantry Division, dated
22 October 1967, awarded the applicant the Army Commendation Medal for meritorious service during the period from September 1966 to September 1967.
8. Review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
9. Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods: the Vietnam Counteroffensive, Phase II; and the Vietnam Counteroffensive, Phase III. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. This publication shows that the 3rd Battalion, 12th Infantry Regiment, during the time of the applicant's assignment, was cited in Department
of the Army General Orders (DAGO) Number 69, dated 1969, for award of the Presidential Unit Citation; in DAGO Number 3, dated 1970, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in DAGO Number 53, dated 1970, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. General orders show that the applicant was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam. Therefore, his records should be corrected to show this award.
2. The applicants unit was cited in general orders for award of the Presidential Unit Citation. Therefore, his records should be corrected to show this unit award.
3. The applicants unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. Therefore, his records should be corrected to show these foreign unit awards.
4. Records show that the applicant participated in two campaign periods during his service in the Republic of Vietnam. Therefore, he is eligible for award of two bronze service stars to be affixed to his Vietnam Service Medal.
BOARD VOTE:
____X___ ___X____ ___X___ 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 showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Commendation Medal, two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
__________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) AR20070016793
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