IN THE CASE OF:
BOARD DATE: 13 January 2011
DOCKET NUMBER: AR20100017263
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 Air Medal and Air Medal (lst Oak Leaf Cluster).
2. The applicant states he was assigned non-crewmember status in 1969 and it is an injustice that the above awards are not entered on his DD Form 214.
3. The applicant provides copies of General Orders Numbers 2604 and 2603, Headquarters, 1st Signal Brigade, both dated 16 October 1969, awarding him the Air Medal and Air Medal (1st Oak Leaf Cluster) respectively.
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 21 February 1967. He completed his training and he was awarded military occupational specialty (MOS) 72B (Communications Center Specialist).
3. On 5 October 1968, the applicant was assigned duty in the Republic of Vietnam in MOS 72B. On 18 October 1968, he was assigned to the 446th Crypto Detachment. On 20 Dec 1969, he was assigned to the 513th Signal Detachment with the I Corps Tactical Zone (CTZ) Signal Group. On 20 December 1968, he was assigned to Headquarters and Headquarters Detachment, 12th Signal Group. He remained with this unit until he departed from Vietnam on 30 September 1969.
4. On 4 October 1969, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). He attained the rank/grade of sergeant (SGT)/E-5 and he completed 2 years,
7 months, and 24 days of total active service.
5. His DD Form 214 shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal (properly known as the Republic of Vietnam Campaign Medal with Device (1960)), Good Conduct Medal, and Sharpshooter Marksmanship Qualification Badge (M-14 Rifle).
6. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the following four campaigns:
* the Vietnam Counteroffensive, Phase V, 1 July 1968-1 November 1968
* the Vietnam Counteroffensive, Phase VI, 2 November 1968-22 February 1969
* the Tet 69 Counteroffensive, 23 February 1969-8 June 1969
* the Vietnam Summer-Fall 1969, 9 June 1969-31 October 1969
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
8. The applicant provided copies of general orders authorizing him two awards of the Air Medal.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant participated in four designated campaign phases during his service in the Republic of Vietnam. Therefore, he is eligible for four bronze stars for wear on his already-awarded Vietnam Service Medal.
2. The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
3. The applicant provided copies of the general orders awarding him the Air Medal and Air Medal (1st Oak Leaf Cluster).
4. The evidence of record also shows the applicant qualified for and was authorized award of the Republic of Vietnam Campaign Medal with Device (1960). However, his DD Form 214 shows this award as the "Vietnam Campaign Medal."
5. His DD Form 214 should be corrected to properly show the above awards.
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 from item 24 of his DD Form 214 the Vietnam Service Medal and Vietnam Campaign Medal; and
b. adding to item 24 of his DD Form 214 the Air Medal with 1st Oak Leaf Cluster, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), 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) AR20100010115
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100017263
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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