IN THE CASE OF:
BOARD DATE: 23 February 2010
DOCKET NUMBER: AR20090016611
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Vietnam Service Medal.
2. The applicant states he served in Vietnam from June to October 1971.
3. The applicant provides a copy of his DD Form 214 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 on 27 August 1970 and was discharged on 26 April 1971 for the purpose of immediate reenlistment. His DD Form 214 for the period ending 26 April 1971 shows the National Defense Service Medal as an authorized award.
3. The applicant reenlisted in the Regular Army on 27 April 1971.
4. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam on 21 July 1971 with the 597th Transportation Company.
5. The applicant departed Vietnam on or about 6 October 1971 and he was credited with participation in the Consolidation I (1 July - 30 November 1971) campaign.
6. The applicant was discharged on 13 June 1972 under the provisions of Army Regulation 635-200, for the good of the service in lieu of trial by court-martial. At the time of his discharge, he had completed a total of 1 year and 3 months of active military service.
7. His DD Form 214 for the period ending 13 June 1972 does not show any authorized awards.
8. Headquarters, Department of the Army General Orders (DAGO) Number 8, dated 1974, awarded all units which served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
9. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served in Vietnam from 21 July 1971 to on or about 6 October 1971. Therefore, he served a period of qualifying service for award of the Vietnam Service Medal with one bronze service star and correction of his records to show this award.
2. All units that served in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, DAGO Number 8, dated 1974. The applicant served in Vietnam during a qualifying period. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
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 for the period ending 13 June 1972 to show award of the Vietnam Service Medal with one bronze service star 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) AR20090016611
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090016611
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090018112
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized (All periods of Service)) of the applicant's DD Form 214 shows he was awarded or authorized to wear the * Bronze Star Medal * Defense Meritorious Service Medal * Meritorious Service Medal * Air Medal (7th Award) * Army Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal * Army Service Ribbon * Overseas Service Ribbon * Republic of Vietnam Campaign Medal (7th...
ARMY | BCMR | CY2010 | 20100029876
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the: * Army Commendation Medal * Vietnam Service Medal with four bronze service stars * Meritorious Unit Commendation for the period 1 May 1971 through 30 April 1972 by Department of the Army General Orders (DAGO) Number 32, dated 1973 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1970 through 31 August 1972 by...
ARMY | BCMR | CY2015 | 20150000047
Additionally, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his military service. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2012 | 20120020130
The applicant participated in five campaigns during his service in Vietnam that entitles him to one silver service star for wear on his already-awarded Vietnam Service Medal. Therefore, his DD Form 214 should be corrected to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars, and b. adding to his DD Form 214...
ARMY | BCMR | CY2011 | 20110012702
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the following: * Bronze Star Medal (2nd Oak Leaf Cluster) * Army Commendation Medal * Armed Forces Expeditionary Medal * Air Medal with "V" Device * Combat Infantryman Badge * Army Good Conduct Medal (5th Award) * Senior Parachutist Badge * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Republic of Vietnam Gallantry Cross with...
ARMY | BCMR | CY2010 | 20100015002
The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal, Air Medal with Numeral 10 with "V" Device, and Meritorious Unit Commendation. It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 15 October 1970 through 10 April 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military...
ARMY | BCMR | CY2009 | 20090012732
There is no evidence the applicant received the first award of the Good Conduct Medal. It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 17 April 1969 through 18 January 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting...
ARMY | BCMR | CY2014 | 20140002331
No DD form 214 is available for his warrant officer period of service. During his service with 145th Combat Aviation Battalion, from 26 November 1971 to 23 March 1972, this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 October 1970 to 31 August 1972 based on DAGO Number 6, dated 1974. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from his DD Form 214,...
ARMY | BCMR | CY2013 | 20130010731
The applicant requests award of the Aviation Badge and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. He also would like to know if qualifies for the Army Basic Aviation Badge for his service with the 371st Radio Research Company. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: *...
ARMY | BCMR | CY2009 | 20090018803
In this case it would be appropriate and in the interest of equity and justice to accept his statement that he was checked by the medic and to conclude his injuries met the requirement for award of the Purple Heart and to correct his DD Form 214 accordingly. The evidence confirms the applicant participated in 10 designated campaign phases during his two tours of duty in the RVN and as such he is entitled to two silver service stars for wear on his already-awarded Vietnam Service Medal. As...