IN THE CASE OF:
BOARD DATE: 22 March 2011
DOCKET NUMBER: AR20100023208
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 records be corrected to reflect awards of the Republic of Vietnam Gallantry with Palm (RVNGC w/Palm) Unit Citation and the Valorous Unit Award (VUA).
2. The applicant states that the awards of the RVNGC w/Palm Unit Citation and the VUA were not recorded in his records.
3. The applicant provides:
* A copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* A copy of orders awarding the VUA to his unit
* A copy of a citation for the Vietnam Cross of Gallantry
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 New Haven, Connecticut on 8 August 1966. He completed his training and was transferred to Vietnam on 31 December 1966 for assignment to Company A, 19th Engineer Battalion as a wheel vehicle mechanic. He was advanced to the pay grade of E-4 on 15 April 1967.
3. He participated in two campaigns and departed Vietnam on 10 December 1967. He was transferred to Fort Meade, Maryland where he remained until he was honorably released from active duty (REFRAD) on 7 August 1968 due to the expiration of his term of service (ETS). He had served 2 years of total active service and his DD Form 214 reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Vietnam Campaign Medal, one overseas service bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
4. A review of his records also shows that he was awarded the Army Good Conduct Medal in General Orders Number 3 issued by the 42d Transportation Battalion, Fort Meade, Maryland on 24 June 1968.
5. 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 during the applicant's assignment, his unit was cited for award of the RVNGC w/Palm Unit Citation and the VUA.
6. Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.
7. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar. It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his awards of the RVNGC w/Palm Unit Citation and the VUA have been noted and found to have merit. His unit was awarded those awards subsequent to his departure and they should have been added to his records. Accordingly, it would be appropriate to do so at this time.
2. The applicant was also awarded the AGCM and that award should also be added at this time.
3. The applicant participated in two campaigns and therefore is authorized to wear two bronze service stars on his already awarded VSM.
4. The applicant's DD Form 214 reflects one overseas service bar; however, he is authorized to wear two overseas service bars.
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 amending his DD Form 214 to:
* Delete the VSM and one overseas service bar
* Add the VSM with two bronze service stars, the RVNGC w/Palm Unit Citation, the VUA, the AGCM, and two overseas service bars
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) AR20100023208
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ABCMR Record of Proceedings (cont) AR20100023208
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