IN THE CASE OF:
BOARD DATE: 7 May 2009
DOCKET NUMBER: AR20080019369
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, that two service stars be added to his Vietnam Service Medal on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that his personnel records indicate that he received two battle stars while in Vietnam.
3. The applicant provides a copy of his DD Form 214 and DA Form 20 (Enlisted Qualification Record).
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 records show he enlisted in the Regular Army on
22 May 1967. He served in Vietnam from 20 March 1968 to 19 March 1969 and he was assigned to Headquarters and Headquarters Company, 63rd Signal Battalion.
3. The applicant was honorably released from active duty on 15 May 1970. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards: National Defense Service Medal, Good Conduct Medal, Vietnam Campaign Medal, Vietnam Service Medal, two Overseas Service Bars, Marksman Marksmanship Qualification Badge (Rifle), and the Army of Occupation Medal (Berlin).
4. Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was authorized "2 Battle Stars."
5. Review of the applicant's DD Form 214 indicates he is entitled to additional awards that are not shown on this form. The applicant's DD Form 214 does not list award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation or the Meritorious Unit Commendation.
6. Army Regulation 600-8-22 (Military Awards) Appendix B shows the applicant participated in five campaigns during his tour of duty in Vietnam. This same regulation states that a bronze or silver service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver star is worn instead of five bronze service stars. The applicant's DD Form 214 shows award of the Vietnam Service Medal. His records also indicate that he participated in the TET Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and Tet 69 Counteroffensive.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) provides, in pertinent part, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, United States Army Vietnam by Department of the Army General Order Number 8, dated 1974.
8. This same pamphlet shows that Headquarters and Headquarters Company, 63rd Signal Battalion, during the period that the applicant was assigned, was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 18, dated 1979.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant requested that his DD Form 214 be corrected to show he was awarded two service stars for wear on his Vietnam Service Medal, a review of his records verified that he is entitled to wear one silver service star to denote his participation in five campaigns.
2. Evidence of record shows the applicant is also entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation. Therefore, the applicant is entitled to correction of his records to show these awards.
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:
a. showing he is entitled to wear a silver service star affixed to his already-awarded Vietnam Service Medal; and
b. adding to the individuals DD Form 214 the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation.
_______ _ _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) AR20080019369
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