BOARD DATE: 17 August 2010
DOCKET NUMBER: AR20100008295
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his awards of the Bronze Star Medal (BSM) and the Army Good Conduct Medal (AGCM).
2. The applicant states that his DD Form 214 does not reflect his awards of the BSM and the AGCM.
3. The applicant provides a copy of his DD Form 214, a copy of his orders and citation for award of the BSM and an official statement from The Adjutant General of the Army awarding him the AGCM.
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 in Minneapolis, Minnesota on 9 November 1966. He successfully completed his training and was transferred to Vietnam on 17 July 1967 for assignment to the 4th Battalion, 9th Infantry Regiment, 25th Infantry Division as a medical corpsman.
3. He remained in Vietnam until 8 August 1968 when he was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) as an overseas returnee. He had served 1 year and 9 months of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal (VSM), the Combat Medical Badge, and the Purple Heart.
4. Documents provided by the applicant show he was awarded the BSM for meritorious service during the period July 1967 to July 1968 and the AGCM for the period of November 1966 to August 1968.
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that subsequent to the applicants departure from Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal - First Class (RVNCAHM-FC) Unit Citation for the period he served with the unit. Additionally, the applicant participated in four campaigns while assigned to Vietnam and thus is entitled to be awarded four bronze service stars for wear on his already-awarded VSM.
DISCUSSION AND CONCLUSIONS:
1. The applicant has provided sufficient evidence to show he was awarded the BSM and the AGCM. Accordingly, they should be added to his DD Form 214 at this time.
2. Additionally, the applicants unit was subsequently awarded the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation and he is entitled to four bronze service stars to be worn on his VSM to represent his campaign participation. Accordingly, he is entitled to have his DD Form 214 corrected to reflect these awards.
BOARD VOTE:
___x____ ____x____ ___x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 his DD Form 214 the BSM, AGCM, RVNGC w/Palm Unit Citation, RVNCAHM-FC Unit Citation, and four bronze service stars to be worn on his already awarded VSM.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20100008295
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100008295
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