IN THE CASE OF:
BOARD DATE: 3 March 2011
DOCKET NUMBER: AR20100022617
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 by adding the Distinguished Flying Cross (DFC), Army Commendation Medal (ARCOM), and Air Medal with
2 Oak Leaf Clusters (2OLCs).
2. The applicant states that he was awarded the above awards and they are not listed on his DD Form 214.
3. The applicant provides copies of orders for the DFC, ARCOM, Air Medal with 2OLCs, and 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 was inducted in Albany, New York on 17 November 1966. He completed his basic training at Fort Dix, New Jersey and his advanced individual training as a radio telephone operator (RTO) at Fort Gordon, Georgia before being transferred to Vietnam on 7 August 1967.
3. He was assigned to Headquarters and Headquarters Battery, 1st Infantry Division Artillery for duty as a RTO. He was advanced to the pay grade of E-4 on 20 November 1967.
4. He served in four campaigns and departed Vietnam on 20 August 1968. He was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 23 August 1968 as an overseas returnee. 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.
5. Orders provided by the applicant show he was awarded the DFC in General Orders Number 2929, dated 1 April 1968; the ARCOM in General Orders Number 8182, dated 10 August 1968; and the Air Medal with 2OLCs in General Orders Number 2300, dated 16 March 1968, all issued by Headquarters, 1st Infantry Division.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict. It shows that the applicants unit was awarded the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross (RVNGC) with Palm Unit Citation during the period he was assigned to the unit.
7. Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.
8. Army Regulation 600-8-22 states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his records should be corrected to reflect awards of the DFC, ARCOM and the Air Medal with 2OLCs (that is, the Air Medal with numeral 3) has been noted and found to have merit. The evidence of record confirms he was awarded all of these awards and they should be added to his DD Form 214 at this time.
2. The applicant served during four campaigns while in Vietnam. Therefore, he is entitled to four bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.
3. Additionally, the applicants unit was awarded the MUC and the RVNGC with Palm Unit Citation during the period he served with his unit. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
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:
a. deleting from his DD Form 214, block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the VSM and the Air Medal; and
b. adding to block 24 of his DD Form 214 the DFC, ARCOM, MUC, Air Medal with numeral 3, VSM with four bronze service stars, and the RVNGC with Palm Unit Citation.
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) AR20100022617
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ABCMR Record of Proceedings (cont) AR20100022617
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