IN THE CASE OF:
BOARD DATE: 7 January 2011
DOCKET NUMBER: AR20100018280
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 two awards of the Bronze Star Medal (BSM 1OLC) and the Combat Infantryman Badge (CIB) and that he be issued all of his medal sets.
2. The applicant states his DD Form 214 does not include the BSM 1OLC and the CIB.
3. The applicant provides copies of orders awarding him two Bronze Star Medals and the CIB.
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 born on 28 February 1945 and enlisted in the Regular Army in Chicago, Illinois on 2 April 1969 for a period of 2 years.
3. He completed basic training at Fort Leonard Wood, Missouri, advanced individual training as a light weapons infantryman at Fort Lewis, Washington and he was transferred to Fort Benning, Georgia where he completed parachute training and noncommissioned officer (NCO) candidate school. He was promoted to the rank of sergeant on 18 November 1969.
4. On 30 April 1970, he was transferred to Vietnam for assignment to Headquarters and Headquarters Company, 173rd Airborne Brigade for duty as a squad leader. He participated in two campaigns while in Vietnam and departed Vietnam on 25 January 1971.
5. He was honorably released from active duty (REFRAD) at Fort Lewis, Washington on 25 January 1971 to attend school. He had served 1 year, 9 months, and 1 day of total active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal (VSM), and Republic of Vietnam Campaign Medal.
6. 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 the applicants unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC with Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant has provided orders awarding him two awards of the BSM (BSM 1OLC) and the CIB. Accordingly, he is entitled to have those awards added to his DD Form 214 at this time.
2. The applicant also participated in two campaigns; therefore, he is entitled to wear two bronze service stars on his already-awarded VSM and to have them entered on his DD Form 214.
3. Additionally, the applicants unit in Vietnam was subsequently awarded the RVNGC with Palm Unit Citation and the RVNCAHM-FC Unit Citation during the period he was assigned to the unit; therefore, he should have those awards added to his DD Form 214 as well.
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:
* Deleting the VSM from his DD Form 214
* Adding the BSM 1OLC, CIB, RVNGC with Palm Unit Citation, the RVNCAHM-FC Unit Citation, and VSM with two bronze service stars to his DD Form 214
* Issuing to him the above awards and his other authorized awards
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) AR20100018280
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ABCMR Record of Proceedings (cont) AR20100018280
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