IN THE CASE OF:
BOARD DATE: 3 February 2009
DOCKET NUMBER: AR20080017325
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 records to show all awards and decorations to which he may be entitled.
2. The applicant states that he was "mentally wounded in Vietnam."
3. The applicant provides a statement from the Department of Veterans Affairs in support of this 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 enlisted on 16 December 1965 for 4 years and upon completion of initial entry training was awarded military occupational specialty 76A (Supply Clerk). He arrived in the Republic of Vietnam on 9 April 1967 and was assigned to the 261st Transportation Company where he served as a Heavy Vehicle Driver. The applicant departed the Republic of Vietnam on 1 April 1968 and was honorably released from active duty on 26 November 1969.
3. Block 24 (Decorations, Medals, Badges, Commendation, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and two Overseas Bars.
4. Headquarters, U.S. Army Training Center and Fort Leonard Wood, Special Orders Number 249, dated 5 September 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
6. Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for the Republic of Vietnam. During the applicant's tours in the Republic of Vietnam he participated in three campaigns: the Vietnam Counteroffensive Phase II, the Vietnam Counteroffensive Phase III, and Tet Counteroffensive. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
7. The applicant provided a statement from the Department Veterans Affairs which verifies the dates of his military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his records to show all awards and decorations he may be entitled to has been carefully considered.
2. Special orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). Therefore, he is entitled to have his records corrected to show this award.
3. General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, which included the 261st Transportation Company. Therefore, he is entitled to have his records corrected to show this unit award.
4. Records show the applicant was awarded the Vietnam Service Medal. Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam. Therefore, he is entitled to award of three bronze service stars to be affixed to the already-awarded 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 amending his DD Form 214 to add the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be worn on his already-awarded Vietnam Service Medal.
____________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) AR20080017325
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ABCMR Record of Proceedings (cont) AR20080017325
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