IN THE CASE OF:
BOARD DATE: 20 April 2010
DOCKET NUMBER: AR20090017813
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 the Silver Star and the Republic of Vietnam Gallantry Cross with Palm Unit Citation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was awarded these awards after his discharge.
3. The applicant provides a copy of his 1 June 1970 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 applicant's 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 applicant's 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 February 1959 and was discharged on 25 April 1961 for immediate reenlistment. He reenlisted on 26 April 1961 and again on 26 April 1964. He served in Korea from February 1964 to February 1965.
3. The applicant was assigned to Vietnam on 3 October 1966 with Company B, 86th Engineer Battalion. He was reassigned to the 249th General Hospital in March 1969 and departed Vietnam on 13 April 1969.
4. The applicant's service record contains Headquarters, U.S. Army Vietnam, General Orders Number 4403, dated 6 December 1969, which show he was awarded the Silver Star for gallantry in action on 22-23 February 1969.
5. The applicant was medically retired on 1 June 1970.
6. The applicant's 1 June 1970 DD Form 214 shows the Bronze Star Medal with one oak leaf cluster, the Purple Heart, the Army Good Conduct Medal (3d award), the Vietnam Service Medal with seven campaigns, and the Meritorious Unit Commendation.
7. 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 document shows the applicant's unit, the 86th Engineer Battalion, was cited for the following unit awards:
a. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 September to 21 October 1967 by Headquarters, Department of the Army, General Orders (DAGO) Number 43, dated 1970.
b. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the periods 3 August 1967 to 25 September 1967 and 22 October 1967 to 15 August 1969 by DAGO Number 43, dated 1970.
8. A review of the applicant's records shows entitlement to additional awards and decorations that are not shown on his 1 June 1970 DD Form 214.
9. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
10. Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:
1. General orders show the applicant was awarded the Silver Star in December 1969 and this award should be added to his 1 June 1970 DD Form 214.
2. The applicant was assigned to the 86th Engineer Battalion during a period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and cited twice for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, these unit awards should be added to his 1 June 1970 DD Form 214.
3. The evidence of record shows the applicant served a period of honorable service for award of the National Defense Service Medal and this award should be added to his 1 June 1970 DD Form 214.
4. The evidence of record shows the applicant served in Korea from February 1964 to February 1965. Therefore, he is eligible for award of the Korea Defense Service Medal and correction of his 1 June 1970 DD Form 214 to show this 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 the 1 June 1970 DD Form 214 of the individual concerned be amended by adding the following awards:
* Silver Star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2d Award)
* National Defense Service Medal
* Korea Defense 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) AR20090017813
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ABCMR Record of Proceedings (cont) AR20090017813
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