IN THE CASE OF:
BOARD DATE: 6 January 2011
DOCKET NUMBER: AR20100018503
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 be corrected to reflect his campaign stars.
2. The applicant states that he was stripped of his campaign stars by a young inexperienced private first class. He goes on to state that he served in eight campaigns in Vietnam and desires his records to be corrected before he passes away.
3. The applicant provides no additional documents with his application.
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 (RA) on 7 April 1967 for a period of 3 years and training as a combat engineer. He completed his training and was transferred to Vietnam on 4 May 1968 for assignment to Company B, 20th Engineer Battalion. He participated in eight campaigns and departed Vietnam on 16 July 1970 for Fort Lewis, Washington where he was honorably released from active duty (REFRAD) as an overseas returnee on that date. He had served 3 years, 3 months, and 10 days of total active service and he was awarded the National Defense Service Medal, Vietnam Service Medal (VSM), and Republic of Vietnam Campaign Medal.
3. On 17 August 1983, he again enlisted in the RA for a period of 3 years and training as a medical specialist. He continued to serve until he was honorably retired on 3 June 1993 and was placed on the Temporary Disability Retired List in the pay grade of E-5 due to physical disability - Temporary. He had served 13 years and 28 days of total active service and his DD Form 214 issued at the time of his retirement shows he was awarded the Army Achievement Medal, Good Conduct Medal (3d Award), National Defense Service Medal with one bronze service star, VSM, Republic of Vietnam Campaign Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Army Service Ribbon, Overseas Service Ribbon with numeral 2, and marksmanship badges.
4. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service medal, to include the Vietnam Service Medal, for each credited campaign participation.
5. 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 Meritorious Unit Commendation (MUC) during the period he was assigned to the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his campaign stars were omitted from his
DD Form 214 has been noted and found to have merit.
2. The applicant participated in eight campaigns and therefore he is entitled to have his DD Form 214 corrected to show he is authorized one silver and three bronze service stars to be worn on his already-awarded VSM.
3. Additionally, the applicants unit in Vietnam was subsequently awarded the RVNGC with Palm Unit Citation and the MUC during the period he was assigned to the unit and 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 last DD Form 214 and adding the VSM with one silver and three bronze service stars
* Adding the RVNGC with Palm Unit Citation and the MUC to his last DD Form 214
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) AR20100018503
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100018503
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2005 | 20050006640C070206
Edward Montgomery | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Subsequent to the applicant’s departure from Vietnam, the applicant’s unit was awarded the RVNGC w/Palm Unit Citation and two awards of the MUC that were not added to the applicant’s records. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the RVNGC w/Palm Unit Citation, the...
ARMY | BCMR | CY2008 | 20080001206
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 awarding him the MUC 1OLC, the RVNGC w/Palm Unit Citation and four bronze service stars for wear on his already awarded VSM. ___ XXX ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of...
ARMY | BCMR | CY2010 | 20100022617
He served in four campaigns and departed Vietnam on 20 August 1968. He had served 1 year, 9 months, and 7 days 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, Vietnam Campaign Medal, Good Conduct Medal, Vietnam Service Medal (VSM), and the Air Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214,...
ARMY | BCMR | CY2005 | 20050004688C070206
The applicant requests that his records be corrected to reflect his awards of the Vietnam Service Medal (VSM) with three or four bronze service stars, the Army Commendation Medal (ARCOM), 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, the Presidential Unit Citation (PUC), the Meritorious Unit Commendation (MUC), the Valorous Unit Award (VUA), the Sharpshooter...
ARMY | BCMR | CY2009 | 20090000255
The applicant requests, in effect, that he be awarded the Good Conduct Medal (GCMDL), the Meritorious Unit Commendation (MUC) and four bronze service stars to denote campaign participation. A review of the available records show the applicant had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the GCMDL. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2006 | 20060005177C070205
The available evidence shows that the applicant was awarded the GCMDL on 1 February 1969, and that he participated in four campaigns in Vietnam and thus is authorized to wear four bronze service stars on his already- awarded VSM. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2006 | 20060005185C070205
The applicant requests, in effect, that his records be corrected to reflect awards of four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal (RVNCAHM) Unit Citation, the Marksman Marksmanship Qualification Badge with Automatic Rifle and M-16 Rifle bars, the Presidential Unit Citation (PUC), the Valorous Unit Award (VUA) and any other awards and decorations to which he is entitled. On 2 May...
ARMY | BCMR | CY2005 | 20050004435C070206
After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the GCMDL for his service from 29 June 1966 through 10 May 1968. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him four bronze service...
ARMY | BCMR | CY2002 | 2002077699C070215
The applicant’s military records show that he initially enlisted on 19 July 1961 and served as a cook, until he was honorably discharged on 3 September 1964. Upon departing Vietnam, he was transferred to Fort Huachuca, Arizona, where he served as a cook, was promoted to the pay grade of E-6 on 6 July 1967 and then served as a mess steward. The evidence of record fails to show that the applicant was wounded/injured as a result of enemy action or that he was treated for such.
ARMY | BCMR | CY2002 | 2002083054C070215
He had served 1 year, 11 months and 22 days of total active service and was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal (VSM) and the Good Conduct Medal. The Board has noted the applicant's contentions; however, he has failed to show through the evidence submitted with his applicant or the evidence of record that he was wounded/injured as result of enemy action and that he was treated for the wound/injury at the time. In...