IN THE CASE OF:
BOARD DATE: 14 January 2010
DOCKET NUMBER: AR20090013781
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 he earned as a result of his active duty service.
2. The applicant states that during the Vietnam War records were not kept up to date and when he left the country things were overlooked.
3. The applicant provides a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of this application.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
The American Legion, as counsel for the applicant, did not provide any additional documentary evidence or argument 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 23 February 1967 and upon completion of initial entry training was awarded military occupational specialty 44C (Welder). He arrived in Vietnam on 29 September 1967 and served with Headquarters and Headquarters (HHC), 2nd Battalion, 60th Infantry, 9th Infantry Division from 7 October 1967 to 20 October 1967 and with D Company, 709th Maintenance Battalion, 9th Infantry Division from 21 October 1967 to 8 July 1968. He departed Vietnam on 28 September 1968 and was honorably released from active duty on 29 September 1968.
3. Item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Campaign Medal, and the Vietnam Service Medal as authorized awards.
4. Headquarters, U.S. Army Training Center, Fort Knox, Kentucky, Special Orders Number 104, dated 14 April 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle).
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in Vietnam. This pamphlet shows that at the time the applicant was assigned to the 709th Maintenance Battalion, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 19 December 1966 to 28 June 1969 by Department of the Army General Orders Number 59, dated 1969.
6. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
7. 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 four campaigns: Vietnam Counteroffensive Phase III, Tet Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V. 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 Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). Therefore, this badge should be added to his DD Form 214.
2. General Orders show the unit the applicant was assigned to was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to have his records corrected to show this unit awards.
3. All units assigned to Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, this unit award should also be added to the applicant's DD Form 214.
4. The applicant was awarded the Vietnam Service Medal. Additionally, he participated in four campaigns while serving in Vietnam. Therefore, he is entitled to award of four bronze service stars to be affixed to the 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 amending his DD Form 214 by adding the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be worn on his 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) AR20090013781
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ABCMR Record of Proceedings (cont) AR20090013781
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