IN THE CASE OF:
BOARD DATE: 5 April 2011
DOCKET NUMBER: AR20100025278
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 records be corrected to show his awards of the Air Medal, Combat Infantryman Badge (CIB), Army Commendation Medal (ARCOM), Vietnam Service Medal (VSM), and National Defense Service Medal (NDSM).
2. The applicant states he received these awards and they were omitted from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides copies of:
* his DD Form 214
* orders awarding him the Air Medal
* orders awarding him the CIB
* orders awarding him the ARCOM with 1st Oak Leaf Cluster
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 was inducted into the Army of the United States in Atlanta, Georgia, on 9 July 1970. He completed basic training and advanced individual training as an infantry indirect fire crewman at Fort Jackson, South Carolina, before being transferred to Vietnam on 16 December 1970.
3. He was assigned to Company B, 3d Battalion, 1st Infantry Regiment, 11th Infantry Brigade, 23d Infantry Division.
4. He served in two campaigns and departed Vietnam on 10 October 1971. He was transferred to Fort Carson, Colorado, where he remained until he was honorably released from active duty (REFRAD) on 17 January 1972. His DD Form 214 issued at the time of his REFRAD shows he was awarded the Good Conduct Medal.
5. A review of his records shows he was also awarded the CIB, Air Medal, and ARCOM with 1st Oak Leaf Cluster.
6. Army Regulation 600-8-22 (Military Awards) states the VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This same regulation states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.
7. Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was 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.
8. Army Regulation 600-8-22 states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961
and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and found to have merit. The applicant was awarded the CIB, Air Medal, and ARCOM with 1st Oak Leaf Cluster. Accordingly, these awards should be added to his records at this time.
2. The evidence of record also shows he is entitled to the NDSM, VSM with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 to his DD Form 214 awards of the:
* CIB
* Air Medal
* ARCOM with 1st Oak Leaf Cluster
* NDSM
* VSM with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
2. The Board wants the applicant and all others to know 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) AR20100025278
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100025278
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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