BOARD DATE: 1 September 2009
DOCKET NUMBER: AR20090005100
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 add all awards and decorations he is entitled to wear.
2. The applicant does not add any statement.
3. The applicant does not provide any additional documents.
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 that he enlisted in the Regular Army on 12 January 1966; was awarded the military occupational specialties of electrician and carpenter; served in Vietnam with Company B, 69th Engineer Battalion, and Company C, 577th Engineer Battalion, from 11 April 1967 to 1 December 1968; and was promoted to pay grade E-4.
3. He was honorably released from active duty on 26 November 1968 in pay grade E-3 due to having insufficient time to be reassigned to a unit following return from Vietnam.
4. The DD Form 214 issued to the applicant shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Vietnam Service Medal, the Vietnam Campaign Medal with Device (1960), and three overseas service bars.
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's two units in Vietnam were both awarded the Meritorious Unit Commendation for a period which included the dates the applicant was assigned to those units. When more than one unit commendation is authorized, an oak leaf cluster is worn on the unit citation for each additional award. This publication also shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. These periods are the Counteroffensive Phase III (1 July 1966 through 29 January 1968), Tet (30 January 1968 through 1 April 1968), Counteroffensive Phase IV (2 April 1968 through 30 June 1968), Counteroffensive Phase V (1 July 1968 through 1 November 1968), and Counteroffensive Phase VI (2 November 1968 through 22 February 1969). A silver service star is awarded in lieu of five bronze service stars.
6. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. By virtue of his assignment to units when those units were awarded unit commendations or citations, the applicant is authorized to wear a Meritorious Unit Commendation with oak leaf cluster and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. The applicant is also authorized to wear a silver service star on his already-authorized 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 the DD Form 214 of the individual concerned be corrected by adding the Meritorious Unit Commendation with oak leaf cluster, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and a silver service star to be worn on his already-authorized 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) AR20090005100
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