IN THE CASE OF:
BOARD DATE: 16 June 2009
DOCKET NUMBER: AR20090001832
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was awarded the Meritorious Unit Commendation (MUC), the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal - First Class (RVNCAHM-FC) Unit Citation.
2. The applicant states, in effect, that he only recently discovered that his unit was subsequently awarded awards that should be added to his DD Form 214. He goes on to state that he served with Company B, 1st Engineer Battalion from August 1966 to September 1967.
3. The applicant provides three pages of photographs from Vietnam, a copy of an envelope of mail he sent from Vietnam to his parents, and copies of three General Orders.
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 was inducted in Newark, New Jersey on 23 May 1966 and was transferred to Fort Dix, New Jersey to undergo his basic training. He completed his basic training and was transferred to Fort Leonard Wood, Missouri for advanced individual training (AIT) as a pioneer.
3. He successfully completed his training and was transferred to Vietnam on 25 August 1966 for assignment to Company B, 1st Engineer Battalion, 1st Infantry Division. He was advanced to the pay grade of E-4 on 19 February 1967.
4. He departed Vietnam on 15 August 1967 after being credited with participation in two campaigns and was transferred to Fort Bliss, Texas, where he remained until he was honorably released from active duty (REFRAD) on 22 March 1968, due to the expiration of his term of service (ETS). He had served 2 years of total active service and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the National Defense Service Medal, the Good Conduct Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), and the Marksman Marksmanship Qualification Badge with Rifle Bar.
5. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicants unit was subsequently awarded the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, the MUC and the Valorous Unit Award (VUA) during the period he was assigned to the unit.
6. Army Regulation 600-8-22 (Military Awards) authorized wear of one bronze service star on the Vietnam Service Medal for each campaign participation credit.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions and supporting documents have been noted and found to have merit.
2. The applicant's unit was awarded, subsequent to his departure from Vietnam, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, the MUC and the VUA during the period he was assigned to the unit. He is entitled to have these unit awards added to his DD Form 214.
3. The applicant is also authorized to wear two bronze service stars on his Vietnam Service Medal in lieu of the one bronze service star now shown on his DD Form 214.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Meritorious Unit Commendation, and the Valorous Unit Award to his DD Form 214 and to amend his DD Form 214 to show he is authorized to wear two bronze service stars on his already-awarded Vietnam Service Medal in lieu of the one bronze service star now shown.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20090001832
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090001832
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2005 | 20050004688C070206
The applicant requests that his records be corrected to reflect his awards of the Vietnam Service Medal (VSM) with three or four bronze service stars, the Army Commendation Medal (ARCOM), the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation, the Presidential Unit Citation (PUC), the Meritorious Unit Commendation (MUC), the Valorous Unit Award (VUA), the Sharpshooter...
ARMY | BCMR | CY2006 | 20060005185C070205
The applicant requests, in effect, that his records be corrected to reflect awards of four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal (RVNCAHM) Unit Citation, the Marksman Marksmanship Qualification Badge with Automatic Rifle and M-16 Rifle bars, the Presidential Unit Citation (PUC), the Valorous Unit Award (VUA) and any other awards and decorations to which he is entitled. On 2 May...
ARMY | BCMR | CY2005 | 20050004435C070206
After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the GCMDL for his service from 29 June 1966 through 10 May 1968. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him four bronze service...
ARMY | BCMR | CY2008 | 20080002027
A further review of his records also shows that the applicant was awarded the Combat Medical Badge (CMB), the Republic of Vietnam Campaign Medal and the Vietnam Service Medal with two bronze service stars. After carefully examining the applicants record of service, it was determined that the applicant should have received the GCMDL for his service from 23 March 1966 through 22 March 1968. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2005 | 20050003459C070206
The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the GCMDL. The applicant has failed to show through evidence submitted with his application or the evidence of record, sufficient evidence to establish his entitlement to the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2002 | 2002074809C070403
However, his records do contain orders awarding him the Army Good Conduct Medal (GCMDL) on 13 June 1968, which was not recorded on his DD Form 214 at the time of his REFRAD. While the applicant’s records do not contain a copy of the orders awarding him the Purple Heart, his records clearly contain information showing that he was wounded in combat on 14 May 1967 and that he was treated by medical personnel at the time. RECOMMENDATION : That all of the Department of the Army records related...
ARMY | BCMR | CY2002 | 2002068800C070402
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. The applicant requests that his records be corrected to reflect his award of the Purple Heart and that he be awarded the Bronze Star Medal (BSM) and Combat Infantryman Badge (CIB). He further states that when he departed Vietnam he was told that he was being recommended for awards of the BSM and CIB.
ARMY | BCMR | CY2003 | 2003088374C070403
The Board is convinced by the evidence submitted with his application that he was in fact wounded in action with the enemy on Vietnam on 1 March 1965, while serving in the rank of private first class (PFC) and that he is entitled to the award of the Purple Heart. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 8 October 1963 through 25 September 1966. c. by awarding him the AGCM for...
ARMY | BCMR | CY2009 | 20090000683
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect that the last four digits of his social security number (SSN) is 5456 and that he was awarded the Silver Star. The applicant states that the last four digits of his SSN on his DD Form 214 are incorrect and that his award of the Silver Star is not reflected on that form. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2009 | 20090000255
The applicant requests, in effect, that he be awarded the Good Conduct Medal (GCMDL), the Meritorious Unit Commendation (MUC) and four bronze service stars to denote campaign participation. A review of the available records show the applicant had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the GCMDL. As a result, the Board recommends that all Department of the Army...