IN THE CASE OF:
BOARD DATE: 1 December 2009
DOCKET NUMBER: AR20090011885
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 records to show all awards to which he may be entitled.
2. The applicant did not provide a specific reason for this request.
3. The applicant did not provide additional documentary evidence in support of this 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 was inducted into the Army on 25 March 1970 and upon completion of initial entry training was awarded military occupational specialty 13A (Field Artillery Basic). He arrived in Vietnam on 13 August 1970 and was assigned to B Battery, 1st Battalion, 82nd Artillery, 23rd Infantry Division. He departed Vietnam on 12 August 1971 and was honorably released from active duty on 24 November 1971.
3. Item 24 (Decorations, Medals, Badges, Commendation, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the National Defense Service Medal, the Vietnam Service Medal, the Army Commendation Medal, the Republic of Vietnam Campaign Medal with Device (1960), and two Overseas Service Bars as authorized awards.
4. Headquarters, U.S. Army Training Center and Fort Campbell, Special Orders Number 131, dated 12 May 1970, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16 Rifle).
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This pamphlet shows that at the time of the applicant's assignment to the 1st Battalion, 82nd Artillery, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1971 to
30 April 1971 by Department of the Army General Orders Number 42, dated 1972.
6. Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam. During the applicant's tour in Vietnam he participated in two campaigns: the Vietnam Counteroffensive Phase VII and Consolidation I. 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. Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). Therefore, he is entitled to have his DD Form 214 corrected to show this award.
2. The applicant was assigned to the 1st Battalion, 82nd Artillery during a period of time the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to have his DD Form 214 corrected to show this unit award.
3. Records show the applicant was awarded the Vietnam Service Medal. Additionally, records show he participated in two campaigns while serving in Vietnam. Therefore, he is entitled to award of two bronze service stars to be affixed to his 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 adding to the applicant's DD Form 214 the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be worn on his 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.
ABCMR Record of Proceedings (cont) AR20090011885
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ABCMR Record of Proceedings (cont) AR20090011885
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