IN THE CASE OF:
BOARD DATE: 21 June 2011
DOCKET NUMBER: AR20100030362
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 any awards he is authorized that are not currently listed.
2. The applicant states his DD Form 214 does not account for all the awards he obtained while in the service.
3. The applicant provides 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 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. His military records show he enlisted in the Regular Army on 29 September 1969. He completed initial entry training and was awarded the military occupational specialty of armor reconnaissance specialist. The highest rank/grade he attained was private first class/E-3.
3. His DA Form 20 (Enlisted Qualification Record) shows he performed duties as a light truck driver during his tour of duty in the Republic of Vietnam (RVN) while he was assigned to H Company, 2d Squadron, 11th Armored Cavalry Regiment, during the period 14 April to 2 July 1970.
4. He was honorably released from active duty on 5 July 1970 due to hardship reasons. He completed a total of 9 months and 7 days of creditable active service.
5. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, and RVN Campaign Medal.
6. Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. During his tour of duty in Vietnam he participated in the Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970), Sanctuary Counteroffensive (1 May-30 June 1970), and Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971) campaigns.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit he was assigned to while serving in the RVN was awarded the RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 55, dated 1971.
DISCUSSION AND CONCLUSIONS:
1. He was awarded the Vietnam Service Medal and he participated in three campaigns while serving in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded Vietnam Service Medal with three bronze service stars.
2. His unit was awarded the RVN Gallantry Cross with Palm Unit Citation during his period of service. Therefore, his DD Form 214 should be corrected to show this foreign unit award.
3. In view of the foregoing, he is entitled to have his records corrected as shown below.
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:
a. deleting the Vietnam Service Medal from item 24 of his DD Form 214 and
b. adding the Vietnam Service Medal with three bronze service stars and the RVN Gallantry Cross with Palm Unit Citation 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) AR20100030362
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ABCMR Record of Proceedings (cont) AR20100030362
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