RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 April 2008
DOCKET NUMBER: AR20080002154
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, any additional awards to which he may be entitled that are not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 3 December 1968.
2. The applicant states, in effect, that awards were omitted from his
DD Form 214.
3. The applicant provides no additional official documents or other evidence in support of 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 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's military personnel record shows he enlisted in the Regular Army on 30 November 1965 for a period of 3 years.
3. During the applicant's tour in the Republic of Vietnam he was assigned to the following units:
a. Battery A, 2nd Battalion, 77th Artillery, 4th Infantry Division during the period from 22 September 1966 to 29 June 1967; and
b. Battery C, 6th Battalion, 77th Artillery during the period from 30 June 1967 to 26 September 1967.
4. The applicant participated in the Vietnam Counteroffensive, Phase II Campaign (1 July 1966 - 31 May 1967) and the Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 29 January 1968).
5. On 3 December 1968, the applicant was released from active duty by reason of the expiration of his period of service. He had completed 3 years and 1 day of active service that was characterized as honorable.
6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded or is authorized the Army Commendation Medal, the Army Good Conduct Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Expert Marksmanship Badge with Rifle Bar, and 2 overseas service bars.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987. This document shows that, during the time of the applicants assignment to the 2nd Battalion, 77th Artillery the unit received the following unit awards:
a. the Presidential Unit Citation (Army) for actions on 21 March 1967, based on Department of the Army General Order Number 59, dated 1968; and
b. the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from October 1966 to 1 August 1967, based on Department of the Army General Order Number 48, dated 1971.
8. Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation. The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. Based on the applicant's service with the 2nd Battalion, 77th Artillery he is authorized the Presidential Unit Citation (Army) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. The applicant's military personnel records show he participated in two campaigns during his service in Vietnam. Therefore, he is entitled to two bronze service stars to be worn on his Vietnam Service Medal.
BOARD VOTE:
__JNS __ __WDP__ __LCB__ 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 amending his DD Form 214 to show the applicant is authorized the Presidential Unit Citation (Army), two bronze service stars to be worn on his Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
___ JNS ___
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080002154
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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