IN THE CASE OF:
BOARD DATE: 29 September 2009
DOCKET NUMBER: AR20090007180
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 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1982 to show all of the awards to which he is entitled.
2. The applicant states that several decorations were not listed on his DD Form 214 at the time of his discharge.
3. The applicant provides no additional documents 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 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 enlisted in the Regular Army (RA) on 27 July 1962 and continued to serve on active duty through a series of reenlistments.
3. The applicant completed three overseas tours in Vietnam while assigned to the U.S. Military Assistance Command, Vietnam (MACV) during the following periods: 26 January 1966 to 30 May 1966, 4 October 1967 to 4 October 1968, and 11 March 1970 to 1 March 1971.
4. The applicant was retired from active duty on 31 July 1982 by reason of required service for retirement. He retired in the rank/grade of sergeant first class (SFC)/E-7.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 31 July 1982 shows the Vietnam Service Medal, Republic of Vietnam Campaign Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Joint Service Commendation Medal, Bronze Star Medal, Vietnam Engineer Badge, Army Good Conduct Medal (5 Awards), and the Noncommissioned Professional Development Ribbon as authorized awards.
6. Headquarters, Department of the Army General Orders Number 8, dated 1974, awarded all units which served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
7. Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam. During the applicants tours in Vietnam he participated in a total of eight campaigns: Vietnam Counteroffensive (25 December 1965 30 June 1966); Vietnam Counteroffensive Phase III (1 June 1967 29 January 1968); Tet Counteroffensive (30 January 1968 1 April 1968); Vietnam Counteroffensive Phase IV (2 April 1968 30 June 1968); Vietnam Counteroffensive Phase V (1 July 1968 1 November 1968); Vietnam Winter - Spring 1970 (1 November 1969 30 April 1970); Sanctuary Counteroffensive
(1 May 1970 30 June 1970); and Vietnam Counteroffensive Phase VII (1 July 1970 30 June 1971). This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star is authorized in lieu of five bronze service stars.
DISCUSSION AND CONCLUSIONS:
1. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam. The applicant served in Vietnam during a qualifying period; therefore, he is entitled to this award.
2. The applicant's DD Form 214 currently shows he was awarded the Vietnam Service Medal. Additionally, records show he participated in eight campaigns while serving in the Republic of Vietnam. Therefore, he is entitled to award of one silver service star and three bronze service stars for wear on his already-awarded Vietnam Service Medal.
3. There is no evidence of record which indicates the applicant is entitled to any additional awards.
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 13 of his DD Form 214 for the period ending 31 July 1982 the Vietnam Service Medal; and
b. adding to item 13 of his DD Form 214 for the period ending 31 July 1982 the Vietnam Service Medal with one silver service star and three bronze service stars 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.
ABCMR Record of Proceedings (cont) AR20090007180
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ABCMR Record of Proceedings (cont) AR20090007180
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