BOARD DATE: 10 December 2009
DOCKET NUMBER: AR20090011038
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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his correct unit of assignment in Vietnam and all of his awards.
2. The applicant states his DD Form 214 should be corrected to show he was assigned to Company B, 168th Engineer Battalion, Vietnam and all of his awards. He states that he needs these corrections made to his DD Form 214 to support his application for Department of Veterans Affairs (VA) benefits.
3. The applicant provides, in support of his request, a copy of a DA Form 2627-1 (Record of Proceedings Article 15, Uniform Code of Military Justice (UCMJ)) that lists his unit in Vietnam as Company B, 168th Engineer Battalion.
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 on 8 April 1964. He was awarded military occupational specialty 12A (Pioneer). The applicant arrived in Vietnam in early November 1965 and he was assigned to Company B, 168th Engineer Battalion, on 28 November 1965. He served with this unit until 25 March 1966 at which time he returned to the United States.
3. On 1 April 1966, he was separated from active duty early as an overseas returnee. He was transferred to the U.S. Army Reserve Control Group (Annual Training) in pay grade E-2.
4. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows:
a. in item 12 (Last Duty Station and Major Command) the entry Company B, 165th Engineer Battalion, APO SF 96345, USARV [U.S. Army, Vietnam]; and
b. in item 26 (Decorations, Medals, Badges, Commendations, Citations, Campaigns) the Vietnam Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar.
5. The applicant's DA Form 20 (Enlisted Qualification Record) shows the same authorized awards.
6. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command failed to reveal any orders for personal decorations for the applicant.
7. Army Regulation 600-8-22 (Military Awards) provides the following pertinent information:
a. the National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 through 14 August 1974; and
b. a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. Appendix B shows the campaigns for Vietnam. The applicants tour in Vietnam coincided with the Vietnam Advisory Campaign which extended from 15 March 1962 through 7 March 1965.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his correct Vietnam unit and all of his awards.
2. The applicant served in Vietnam with the Company B, 168th Engineer Battalion. Therefore, item 12 of his DD Form 214 should be corrected to show this information.
3. He is authorized the National Defense Service Medal for honorable active service between 1 April 1964 through 1 April 1966.
4. The applicant was awarded the Vietnam Service Medal. Additionally, records show the applicant participated in the Vietnam Advisory Campaign. Therefore, he is entitled to award of a bronze service star to be affixed to the previously awarded Vietnam Service Medal.
5. The applicant's Vietnam unit was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
6. The above mentioned awards should be added to item 26 of his DD Form 214.
7. In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicants records as recommended below.
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 the entry in item 12 of his DD Form 214 and adding "Company B, 168th Engineer Battalion; and
b. showing that in addition to the awards already listed in item 26 of his DD Form 214, he is also authorized the National Defense Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one bronze service star to be worn on the already-awarded Vietnam Service Medal.
_______ _ _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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