BOARD DATE: 26 August 2009
DOCKET NUMBER: AR20090006282
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 award of the Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and any other awards/decorations he may have earned.
2. The applicant states he earned the above awards and decorations and wants them listed on his DD Form 214.
3. The applicant provides a copy of his DD Form 214, dated 18 July 1969, 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. The applicant requested that the Vietnam Campaign Medal be added to his DD Form 214. His DD Form 214 currently shows he was awarded the Republic of Vietnam Campaign Medal, shown as "VCM." Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.
3. The applicant's records show he enlisted in the Regular Army (RA) for a period of 3 years on 26 July 1966. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 12B (Combat Engineer). He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 18 July 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) for completion of his Reserve obligation.
4. The applicants records show he served in the Republic of Vietnam from
22 November 1968 to 15 July 1969. He was assigned to B Battery, 5th Battalion, 22nd Artillery.
5. Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Parachutist Badge, one overseas service bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's tenure of assignment the 5th Battalion, 22nd Artillery was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 16 April 1971, based on Department of the Army General Orders Number 54, dated 1974; and the Meritorious Unit Commendation for the period 24 December 1967 30 April 1969, based on Department of the Army General Orders Number 39, dated 1970.
7. Review of the applicant's records indicates his entitlement to an additional award that is not shown on his DD Form 214.
8. Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase VI (2 November 1968
22 February 1969); Tet 69 Counteroffensive, 1969 (23 February 1969 8 June 1969; and the Vietnam Summer-Fall 1969 (9 June 1969 31 October 1969)
campaigns during his tour of duty in the Republic of Vietnam. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and any other awards/decorations he may have earned.
2. General Orders show the applicants unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation which are not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
3. The evidence of record shows 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 his already-awarded 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:
a. deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal; and
b. adding to item 24 of the applicant's DD Form 214 the Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Meritorious Unit Commendation.
___________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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