BOARD DATE:	  3 September 2009

		DOCKET NUMBER:  AR20090005989 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the correct dates of his service in the Republic of Vietnam (RVN) and award of the Army Commendation Medal (ARCOM), Valorous Unit Award, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 2 campaign service stars.

2.  The applicant states, in effect, every Soldier knows the day he arrived in country and the day he departed.  He states the clerk at administration made a mistake at the time of his discharge and incorrectly annotated his departure date from the RVN as 25 June 1972 instead of 29 June 1972.  He further states he was awarded the ARCOM in 1972 and it is not reflected on his DD Form 214.  Additionally, at the time of his discharge, he was rushed through administration with only the papers he had in his hands at the time and believes he is entitled to several unit awards and campaign service stars for his service in the RVN.

3.  The applicant provides a self-authored letter 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's record shows that he enlisted in the Regular Army (RA) on
28 May 1971.  He was trained in and awarded military occupational specialty (MOS) 91B (Medical Specialist).

3.  On 3 October 1973, the applicant was discharged from the Army with a general under honorable conditions characterization of service.  The DD Form 214 he was issued at the time confirms he completed a total of 2 years, 4 months, and 6 days of creditable active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the National Defense Service Medal, one overseas service bar, Combat Medical Badge, Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar during his active duty tenure.

4.  The applicant's DA Form 20 (Enlisted Qualification Record), item 31 (Foreign Service) shows he departed the States for the RVN on 5 December 1971 and departed the RVN on 25 June 1972.  Item 38 (Record of Assignments) is unclear about the applicant's effective date, principal duty, and organization during this period.

5.  The applicant's record contains Headquarters, 3rd Brigade, 1st Cavalry Division (Airmobile), General Orders Number 1762, dated 15 June 1972, which awarded the applicant with the Army Commendation Medal for meritorious service in connection with military operations against a hostile enemy for the period December 1971 to June 1972.  The general orders further shows he was assigned to the Medical Company, 215th Combat Support Battalion, during the period of the award.

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Paragraph 2-13 contains guidance on the Vietnam Service Medal and states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of campaigns and shows that during the applicant's assignment tenure in the RVN, participation credit was granted for the Consolidation II (1 December 1971 – 29 March 1972) and the Vietnam Cease-Fire (30 March 1972 – 29 January 1973) campaigns.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.  This regulation shows the unit the applicant was assigned to while serving in the RVN was awarded the Meritorious Unit Commendation based on Department of the Army General Orders (DAGO) Number 14, dated 1979, as amended by DAGO Number 5, dated 1973; and the  Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 54, dated 1974.

8.  Department of the Army Pamphlet 672-3 also show that Headquarters, 3rd Brigade, 1st Cavalry Division (Airmobile) received the Valorous Unit Award for the period 1 May 1970 – 29 June 1970 based on DAGO Number 43, dated 1972. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the dates of his service in the RVN are incorrectly reflected on his DD Form 214 was considered and found to lack merit.  The evidence of record shows he was assigned to the RVN for the period
5 December 1971 through 25 June 1972.  There is no evidence of record and the applicant has not provided any evidence to the contrary.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

2.  Available orders confirm the applicant was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile enemy for the period December 1971 to June 1972 which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show this award.

3.  Records show the applicant participated in two campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his records to show the award of the Vietnam Service Medal with two bronze service stars.

4.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation.  Therefore, it would be appropriate to correct his records to show these unit awards.

5.  Although records show his unit received the Valorous Unit Award, this award was not awarded during the time of the applicant's assignment.  Therefore, there is no basis to granting this portion of the applicant's requested relief.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ___x____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and

	b.  adding to item 24 of his DD Form 214 the Army Commendation Medal, Vietnam Service Medal with two bronze service stars, RVN Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Commendation.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing on his DD Form 214 that he departed Vietnam on 29 June 1972 and award of the Valorous Unit Award.



      __________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)                                         AR20090005989



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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