IN THE CASE OF:
BOARD DATE: 9 December 2010
DOCKET NUMBER: AR20100016762
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 (Certificate of Release or Discharge from Active Duty) be corrected to reflect a bronze service star on his award of the Vietnam Service Medal (VSM).
2. The applicant states that his bronze service star for his VSM is not reflected on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a copy of a letter from the National Personnel Records Center (NPRC) indicating that he was authorized the VSM with one bronze service star.
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 of the United States on 20 January 1969. He completed his basic training at Fort Knox, Kentucky and his advanced individual training as an asphalt equipment operator at Fort Leonard Wood, Missouri before being transferred to Vietnam on 22 July 1969 for assignment to Company A, 69th Engineer Company. He was promoted to the pay grade of
E-5 on 13 July 1970.
3. He departed Vietnam on 22 August 1970 and he was transferred to Fort Dix, New Jersey where he was honorably released from active duty (REFRAD) as an early overseas returnee. He had served 1 year, 7 months, and 3 days of total active service and the DD Form 214 issued at the time of his REFRAD reflects that he was awarded the Good Conduct Medal, the Army Commendation Medal, the National Defense Service Medal, the VSM, and the Vietnam Campaign Medal.
4. 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, 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 he is entitled to wear four bronze service stars on his already awarded VSM.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his records should be corrected to reflect his entitlement to a bronze service star to be worn on his VSM has been considered and found to have merit.
2. The applicant participated in four campaigns while in Vietnam, therefore, he is entitled to have his DD Form 214 corrected to reflect the VSM with four bronze service stars.
3. Additionally, the evidence of record shows that subsequent to the applicants separation, his unit was awarded the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation for the period he served with the unit. Accordingly, he is entitled to have these awards added to his DD Form 214 at this time.
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:
a. deleting the VSM;
b. adding the VSM with four bronze service stars, RVNGC w/Palm Unit Citation, and the RVNCAHM-FC 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) AR20100016762
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ABCMR Record of Proceedings (cont) AR20100016762
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