IN THE CASE OF:
BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100021889
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 the "Vietnam Combat Accommodation Medal."
2. The applicant states the award was left off his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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's records show he enlisted in the Regular Army for a period of 3 years on 30 March 1970 and held military occupational specialty 51B (Carpenter). His records also show he served overseas in:
* Korea, from on or about 23 August 1970 to 1 October 1971; he was assigned to C Company, 44th Engineer Battalion
* Vietnam, from on or about 6 October 1971 to 8 April 1972; he was assigned to the 537th Personnel Service Company
3. On 11 April 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.
4. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Armed Forces Expeditionary Medal (Korea), and Vietnam Service Medal.
5. Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Campaign Medal, correctly known as the Republic of Vietnam Campaign Medal with Device (1960). It is awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more.
6. A review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.
7. Headquarters, U.S. Army Training Center, Engineer, Fort Leonard Wood, MO, Special Orders Number 169, dated 18 June 1970, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
8. Headquarters, Department of the Army General Orders Number 8, dated 1974, awarded the 537th Personnel Service Company the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
9. Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971) campaign during his tour of duty in Vietnam. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show the "Vietnam Combat Accommodation Medal." There is no such award/medal in the DOD Awards Manual or Army Regulation 600-8-22; however, the applicant may have meant the Republic of Vietnam Campaign Medal with Device (1960).
2. The applicant served in Vietnam from on or about 6 October 1971 to 8 April 1972, a period of 6 months and 2 days. Therefore, he served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and he is entitled to correction of his DD Form 214 to show this award.
3. General orders show his unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation when he was assigned to the unit, which is not shown on his records. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
4. Special orders awarded him Expert Marksmanship Qualification Badge with Rifle Bar (M-14) which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.
5. The evidence of record shows he was awarded the Vietnam Service Medal. Additionally, he participated in one campaign while serving in the Republic of Vietnam. Therefore, he is entitled to award of a bronze service star to be affixed to the Vietnam Service Medal.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ___X____ ___X____ 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 partial relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by adding to item 24 of his DD Form 214 the:
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar
* A bronze service star to be affixed to his already-awarded Vietnam Service Medal
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the "Vietnam Combat Accommodation Medal."
_______ _ 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) AR20100021889
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100021889
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090011712
This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. Records show that the applicant participated in seven campaign periods during his service in the Republic of Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 13 of his DD Form 214 the Vietnam Service Medal and Republic of Vietnam Civil Actions...
ARMY | BCMR | CY2012 | 20120005257
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 3 November 1971 to show award of the following: * Campaign and Service Ribbon for 11 months and 1 day in the Republic of South Vietnam (Republic of Vietnam Campaign Medal with Device (1960) and Vietnam Service Medal) * Bronze Star Medal with First Oak Leaf Cluster * Army Commendation Medal with First Oak Leaf Cluster * Purple Heart * National Defense...
ARMY | BCMR | CY2014 | 20140005599
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's 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. He served a qualifying period in Vietnam for award of the Republic of Vietnam Campaign Medal with Device (1960); therefore, he is entitled to correction of his DD Form 214 to show this award. As a result, the Board recommends that all...
ARMY | BCMR | CY2014 | 20140005599
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's 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. He served a qualifying period in Vietnam for award of the Republic of Vietnam Campaign Medal with Device (1960); therefore, he is entitled to correction of his DD Form 214 to show this award. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090002049
Headquarters, 35th Engineer Group (Construction) General Order Number 42, dated 7 July 1971, awarded the applicant the Purple Heart for wounds received in hostile action on 30 April 1971. Therefore, he is entitled to the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960), and correction of his records to show these awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2011 | 20110004009
Application for correction of military records (with supporting documents provided, if any). His DA Form 20 (Enlisted Qualification Record) provides the following: a. service in Vietnam from 7 September 1970 through 6 September 1971; b. assignment with Company A, 2nd Battalion, 12th Calvary Regiment from 8 October 1970 through 18 March 1971 and Company A, 228th Aviation Battalion from 19 March 1971 through 2 September 1971; c. his duty MOS, in Vietnam, is shown as 67A (Aircraft Maintenance...
ARMY | BCMR | CY2015 | 20150000662
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded or authorized the Purple Heart (2nd Award), the Combat Infantryman Badge, and the Republic of Vietnam Campaign Medal with Device (1960). Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. As a result, the...
ARMY | BCMR | CY2009 | 20090004268
Army Regulation 672-5-1 (Awards), in effect at the time of the applicant's separation, provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service. Based on this excellent record of service, he is eligible for award of the Army Good Conduct Medal for the period 11 September 1969 through 15 April 1971 and to have it added to his DD Form 214. As a result,...
ARMY | BCMR | CY2009 | 20090012876
The applicant served in Vietnam during one campaign period and is authorized to wear one bronze service star on his Vietnam Service Medal. To avoid confusion it would be appropriate to correct block 24 of the DD Form 214 by deleting the entries and replacing the entries with the following: "Bronze Star Medal with 'V' Device//Army Commendation Medal with 'V' Device and one Oak Leaf Cluster//the Purple Heart//Good Conduct Medal//National Defense Service Medal//Vietnam Service Medal with one...
ARMY | BCMR | CY2008 | 20080019039
IN THE CASE OF: BOARD DATE: 05 MARCH 2009 DOCKET NUMBER: AR20080019039 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The available records show that General Orders Number 6773 were published on 19 June 1971 awarding him the Bronze Star Medal with "V" Device for heroism in connection with ground operations in the Republic of Vietnam on 13 March 1971. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the...