IN THE CASE OF:
BOARD DATE: 12 MARCH 2009
DOCKET NUMBER: AR20080018150
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 DD Form 214 (Report of Transfer or Discharge) to show additional awards and decorations.
2. The applicant states that awards were left off of his DD Form 214 by error; however, they should be a part of his personnel file. He contends that he was not aware he could get these awards added until he enrolled in the Department of Veterans Affairs health care system. He also states that an official at the American Legion advised him that he could request this action.
3. The applicant provides a copy of his DD Form 214 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 entered active duty on 22 January 1969 for a period of 3 years. He arrived in Vietnam on 11 January 1970. He served as a radio and teletype operator while assigned to the 187th Aviation Company in Vietnam from 16 January 1970 through 14 January 1971. On 24 December 1971, the applicant was released from active duty.
3. The applicants DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, and the CIV ACT MDL 1ST OL (i.e., the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation) as authorized awards.
4. Item 41 (Awards and Decorations) on the applicants DA Form 20 (Enlisted Qualification Record) shows entitlement to the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Vietnam Service Medal, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
5. Records show the applicant participated in three campaigns during his assignment in Vietnam.
6. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.
7. Amy 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 and states that authorized bronze service stars will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant participated in three campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with three bronze service stars.
2. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam. The applicant served in Vietnam during a qualifying period and is eligible for this award. Therefore, it would be appropriate to add this foreign unit award to his DD Form 214.
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 adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three bronze service stars for wear on his already-awarded Vietnam Service Medal on his DD Form 214.
_______ _ _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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