IN THE CASE OF:
BOARD DATE: 5 April 2011
DOCKET NUMBER: AR20100023621
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add his Bronze Star Medal (BSM) and the Presidential Unit Citation (PUC).
2. The applicant states he discovered the omissions when applying for a Department of Veterans Affairs disability rating.
3. The applicant provides his PUC and BSM certificates and his BSM citation.
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 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. 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 applicant's 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 military records show that he enlisted in the Regular Army on 27 May 1965, was awarded the military occupational specialties of radio operator and infantryman, served in Vietnam from 6 June 1966 to 2 March 1968, was assigned to Headquarters and Headquarters Company, 4th Battalion, 503d Infantry, and was promoted to pay grade E-4.
3. He was honorably released from active duty on 7 March 1968. The DD Form 214 he was issued shows he was awarded the:
* National Defense Service Medal
* Parachutist Badge
* three overseas service bars
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Badge with Rifle Bar
4. The applicant's records contain General Orders Number 620, dated 5 March 1968, which awarded him the BSM.
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit, 4th Battalion, 503d Infantry, was awarded the PUC, Meritorious Unit Commendation (MUC), and Republic of Vietnam Gallantry Cross with Palm Unit Citation for a period which included the dates the applicant was assigned to that unit. The pamphlet also shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Those periods are the Vietnam Counteroffensive (25 December 1965 through 30 June 1966), Vietnam Counteroffensive Phase II (1 July 1966 through 31 May 1967), Vietnam Counteroffensive Phase III (1 June 1967 through 29 January 1968), and Tet Counteroffensive (30 January 1968 through 1 April 1968).
DISCUSSION AND CONCLUSIONS:
1. The applicant's records contain orders for the BSM. Therefore, it would be appropriate to now add this award to his DD Form 214.
2. Department of the Army Pamphlet 672-3 confirms the applicant's unit was awarded the PUC, MUC, and Republic of Vietnam Gallantry Cross with Palm Unit Citation for a period which included the dates the applicant was assigned to that unit. It would be appropriate to now add these unit citations to his DD Form 214.
3. The applicant is also entitled to four bronze service stars to be affixed to his already-authorized 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 the evidence presented is 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 adding the PUC, MUC, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be affixed to his already-authorized Vietnam Service Medal to his DD Form 214.
____________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) AR20100023621
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100023621
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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