BOARD DATE: 27 August 2009
DOCKET NUMBER: AR20090005937
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 1968 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect any additional awards and decorations he may be entitled to based on his military service.
2. The applicant states he was a member of the 398th Transportation Detachment while assigned to Vietnam between July 1967 and May 1968. He notes he participated in several campaigns and that he is working on a claim for disability benefits with the Department of Veterans Affairs.
3. The applicant provides no additional evidence in support of his request.
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. Records available to the Board indicate the applicant was inducted and entered active duty on 11 May 1966. Following completion of basic combat training he was initially assigned to Fort Benning, Georgia. In July 1967 he was reassigned to the 398th Transportation Detachment in Vietnam.
3. The applicant remained in Vietnam until May 1968 when he returned to the United States for separation processing. On 2 May 1968 he was released from active duty with an honorable characterization of service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 reflects the following:
a. National Defense Service Medal
b. Vietnam Campaign Medal
c. Expert Badge (Rifle M-14)
d. Vietnam Service Medal
e. Good Conduct Medal
4. Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam. During the applicants tour in Vietnam he participated in three campaigns (Vietnamese Counteroffensive Phases III and IV and TET Counteroffensive). This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
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 the unit, to which the applicant was assigned, was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 27 March 1967 to 17 May 1968 by Department of the Army General Order Number 46, dated 1969.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant was awarded the Vietnam Service Medal. Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam. Therefore, he is entitled to award of three bronze service stars to be affixed to the already-awarded Vietnam Service Medal.
2. The evidence also confirms the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
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 1968 DD Form 214 to show he is entitled to three bronze service stars on his already-awarded Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
_______ _ _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.
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