Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090000289
Original file (20090000289.txt) Auto-classification: Approved

		IN THE CASE OF:	 

		BOARD DATE:	       12 MAY 2009

		DOCKET NUMBER:  AR20090000289 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The applicant states, in effect, that these medals were awarded by Department of the Army General Orders (DAGO) Number 39, dated 1970 and DAGO Number 43, dated 1970.  

3.  The applicant provides no additional documents 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 applicant’s 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 applicant’s 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 in the Regular Army on 29 June 1965.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 12B (combat engineer).  His highest grade held was sergeant, E-5.

3.  He served in Vietnam from 5 April 1968 to 16 June 1968 while assigned to Company D, 31st Engineer Battalion.  He received credit for participation in the Vietnam Counteroffensive Phase IV Campaign.

4.  The applicant was released from active duty on 19 June 1968.  His DD Form 214 shows the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, and the Army Good Conduct Medal (First Award) as authorized awards.

5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to the 31st Engineer Battalion, this unit was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 39, dated 1970.

6.  Department of the Army Pamphlet 672-3 also shows that, at the time of applicant's assignment to the 31st Engineer Battalion, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 43, dated 1970.

7.  Headquarters, DAGO Number 8, dated 1974, awarded all units which served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was assigned to the 31st Engineer Battalion during a period it was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Later, all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, DAGO Number 8, dated 1974.  Therefore, these awards should be added to his DD Form 214.

2.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in one campaign during the Vietnam War.  Therefore, it would be appropriate to amend his DD Form 214 to show one bronze service star to be worn on the 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 Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one bronze service star to be worn on his already-awarded Vietnam Service Medal.




      _______ _   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.

ABCMR Record of Proceedings (cont)                                         AR20090000289



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090000289



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2009 | 20090009918

    Original file (20090009918.txt) Auto-classification: Approved

    This document shows the applicant's unit (6th Battalion, 31st Infantry) at the time of his assignment was awarded the Valorous Unit Award for actions during the period 5-12 May 1970 based on Department of the Army General Orders (DAGO) Number 48, dated 1971. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....

  • ARMY | BCMR | CY2009 | 20090012351

    Original file (20090012351.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Valorous Unit Award, the Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Records show the applicant participated in two campaigns during his assignment in Vietnam. As a result, the Board...

  • ARMY | BCMR | CY2012 | 20120021568

    Original file (20120021568.txt) Auto-classification: Approved

    The applicant provides: * Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 22 October 2012 * Army Board for Correction of Military Records (ABCMR) decision memorandum, dated 20 July 2012, and Record of Proceedings, dated 12 July 2012 * Special Orders Number 25, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Ord, CA, dated 25 January 1969 * Special Orders Number 69, issued by Headquarters, 9th Infantry Division, dated 10 March 1969 *...

  • ARMY | BCMR | CY2013 | 20130009187

    Original file (20130009187.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. The evidence of record confirms the applicant was wounded in action in Vietnam on 23 February 1969 and he provides a certificate that shows he was awarded the Purple Heart for wounds received in action in Vietnam. As a result, the Board recommends that all Department of the...

  • ARMY | BCMR | CY2008 | 20080015819

    Original file (20080015819.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 13 January 2009 DOCKET NUMBER: AR20080015819 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his DD Form 214 (Report of Transfer or Discharge) be corrected to show his award of the Bronze Star Medal. 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 listed on the DD Form 214, he is also authorized the Bronze Star Medal, two...

  • ARMY | BCMR | CY2004 | 20040010726C070208

    Original file (20040010726C070208.doc) Auto-classification: Approved

    Carol Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s enlisted qualification record shows that his conduct and efficiency were excellent during his military service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Purple Heart, the Sharpshooter Marksmanship Qualification Badge with rifle bar, the...

  • ARMY | BCMR | CY2009 | 20090007170

    Original file (20090007170.txt) Auto-classification: Approved

    Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not include the awards being requested by the applicant. The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...

  • ARMY | BCMR | CY2009 | 20090013984

    Original file (20090013984.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 11 March 2010 DOCKET NUMBER: AR20090013984 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's service records and his DD Form 214 show award of the ARCOM for meritorious service; there is no evidence he was awarded an ARCOM for valor. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the Driver and Mechanic Badge with Mechanic Bar, the Expert Marksmanship...

  • ARMY | BCMR | CY2007 | 20070008975C080213

    Original file (20070008975C080213.TXT) Auto-classification: Approved

    The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 30 June 1972 be corrected to add the Meritorious Unit Commendation, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross, and five bronze service stars to be worn on his Vietnam Service Medal. Except for one Article 15, which did not prevent his receiving the second award of the Army Good Conduct Medal, there is no evidence of...

  • ARMY | BCMR | CY2011 | 20110000735

    Original file (20110000735.txt) Auto-classification: Approved

    The evidence of record shows he was awarded the Vietnam Service Medal. In the absence of orders or other independent evidence that would confirm he completed the number of missions necessary to be awarded the Air Medal, there is insufficient evidence upon which to base a fourth award of the Air Medal in this case. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding the applicant the Good Conduct Medal (1st Award)...