IN THE CASE OF:
BOARD DATE: 01 October 2009
DOCKET NUMBER: AR20090007271
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 reflect all of his authorized awards.
2. The applicant states he believes that he is entitled to more awards than is reflected on his DD Form 214. He goes on to state that he was given an envelope to take back to the United States when he departed Vietnam that contained all of his awards and he has since lost that envelope.
3. The applicant provides a copy of his DD Form 214 and a copy of a letter authored by him on 6 April 2009 that offers a reward for the lost envelope.
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 was inducted into the Army of the United States in Chicago, IL on 4 June 1968. He completed his basic training at Fort Leonard Wood, MO and he was transferred to Fort Stewart, GA for assignment to an engineer company for on-the-job training (OJT).
3. On 7 January 1969, he was transferred to Vietnam and he was initially assigned to the 39th Engineer Battalion for duty as a heavy dump truck driver and pioneer. On 26 May 1969, he was transferred to the 45th Engineer Group for duty as an electrician.
4. On 11 August 1969, he was transferred to the 84th Engineer Battalion for duty as an electrician.
5. He departed Vietnam on 16 January 1970 and he was transferred to Fort Lewis, WA where he was honorably released from active duty on 17 January 1970 as an overseas returnee. He had served 1 year, 7 months, and 14 days of total active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 17 January 1970 shows he was awarded the National Defense Service Medal, Sharpshooter Marksmanship Badge with Rifle Bar (M-14), Expert Marksmanship Badge with Rifle Bar (M-16), Vietnam Service Medal (VSM), Vietnam Campaign Medal, and two overseas service bars. On 10 April 2009, a DD Form 215 (Correction to DD Form 214) was issued awarding him the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
6. The applicants DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit. Paragraph 2-13 of Army Regulation
600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal. It states, in pertinent part, that a bronze service star is authorized
with this award for each Vietnam campaign a member is credited with participating in. Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the following four campaigns while assigned to Vietnam: Vietnam Counteroffensive Phase VI
(2 November 1968 22 February 1969); Tet 69 Counteroffensive, 1969
(23 February 1969 8 June 1969); Vietnam Summer Fall 1969 (9 June 1969 31 October 1969); and Vietnam Winter Spring 1970 (1 November 1969
30 April 1970).
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 does not reflect all of his authorized awards has been noted and appears to have some merit.
2. The applicant served in four campaigns while in Vietnam and thus is entitled to be awarded four bronze service stars for wear on his already-awarded VSM.
3. Accordingly, it would be in the interest of justice to award him the four bronze service stars at this time.
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 deleting from item 24 of his DD Form 214 the entry "VSM" and replacing it with the entry "Vietnam Service Medal with four bronze service stars."
___________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) AR20090007271
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ABCMR Record of Proceedings (cont) AR20090007271
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