BOARD DATE: 11 January 2011
DOCKET NUMBER: AR20100018391
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 the Meritorious Unit Commendation (Army) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation be added to
item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 27 November 1970.
2. The applicant states these awards were published after his release from active duty.
3. The applicant provides copies of:
* five pages from his Military Personnel Records Jacket (MPRJ)
* his DD Form 214
* a page from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)
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 commissioned a second lieutenant on 19 December 1968 in the U.S. Army Reserve (USAR) and ordered to active duty on 6 January 1969.
3. The applicant was assigned in the Republic of Vietnam from 28 December 1969 to 23 November 1970. He was assigned to the:
* 8th Field Hospital from 2 January to 10 May 1970
* 12th Evacuation Hospital from 11 May 1970 to 23 November 1970
4. On 27 November 1970, the applicant was released from active duty. He had completed 1 year, 10 months, and 22 days of active service that was characterized as honorable. Item 24 of his DD Form 214 does not show he is authorized the Meritorious Unit Commendation (Army) or the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Item 24 does show the applicant is authorized the Vietnam Service Medal.
5. Department of the Army Pamphlet 672-3 lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict. This pamphlet shows that, during the time of the applicants assignment to the 12th Evacuation Hospital the unit received the:
* Meritorious Unit Commendation (Army) for the period from 1 September to 4 December 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 1 September 1968 to 30 September 1970
6. Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the:
* Vietnam Winter - Spring 1970 Campaign (1 November 1969 - 30 April 1970)
* DA Sanctuary Counteroffensive Campaign (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 1971)
7. Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation. The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he is authorized the Meritorious Unit Commendation (Army) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. DA Pamphlet 632-3 shows the applicant's unit was awarded these awards during the period he was assigned. Therefore, he is entitled to have these awards added to his DD Form 214.
3. The applicant's military personnel records show he participated in three campaigns during his service in Vietnam. Therefore, he is entitled to three bronze service stars to be worn on his Vietnam Service Medal.
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 amending item 24 of his DD Form 214 to show he is authorized:
* Meritorious Unit Commendation (Army)
* Vietnam Service Medal with three bronze service stars
* 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) AR20100018391
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100018391
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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