IN THE CASE OF:
BOARD DATE: 9 August 2011
DOCKET NUMBER: AR20110000952
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 show the correct number of Air Medals (AM) he was awarded and to add his Silver Star, Combat Medical Badge (CMB), and Vietnamese Cross of Gallantry.
2. The applicant states he wants the record corrected for his children.
3. The applicant provides two DD Forms 214; an undated letter, subject: Transmittal of Awards; and Special Orders Number 196 dated 14 July 1968.
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 enlisted in the Regular Army on 16 February 1965, was awarded the military occupational specialty of medical specialist, immediately reenlisted on 15 August 1967, and served in Vietnam from 15 August 1965 to 14 August 1966 and again from 2 October 1967 to 1 October 1968.
3. While in Vietnam he served with the 8th Field Hospital, 523d Field Hospital, 50th Medical Detachment, and Headquarters and Support Company, 326th Medical Battalion.
4. While in Vietnam, the applicant was awarded the Gallantry Cross with Bronze Star and was authorized to accept that award by Headquarters, United States Army Vietnam. He was also awarded the Air Medal with Ninth Oak Leaf Cluster (10 awards), the CMB, and the Silver Star.
5. He was honorably released from active duty on 2 September 1970. The DD Form 214 he was issued shows he was awarded the National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars, Vietnam Campaign Medal with 1960 Device, Aircraft Crewman Badge, Air Medal with 5th Oak Leaf Cluster, Soldier's Medal, and Army Commendation Medal.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the applicant's units were awarded the Meritorious Unit Commendation and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for a period which included the dates he was assigned to those units. That publication 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: Vietnam Defense (8 March 1965 through 24 December 1965); the Vietnam Counteroffensive (25 December 1965 through 30 June 1966); Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967), Vietnam Counteroffensive Phase III (1 June 1967 through 29 January 1968); Tet (30 January 1968 through 1 April 1968); Vietnam Counteroffensive IV (2 April 1968 through 30 June 1968); and Vietnam Counteroffensive, Phase V (1 July 1968 through 1 November 1968). A silver service star is worn in place of five bronze service stars.
7. Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962
through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Gallantry Cross with Bronze Star and was authorized to accept that award by Headquarters, United States Army Vietnam. He was also awarded the Air Medal with Ninth Oak Leaf Cluster (10 awards) (which would now be known as the Air Medal with Numeral 10), CMB, and the Silver Star by appropriate orders. As such, he is entitled to have those awards and that badge added to his DD Form 214.
2. Based on his service in Vietnam, he is also entitled to one silver and two bronze service stars to be worn on his already-awarded Vietnam Service Medal, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Commendation.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 for the period ending 2 September 1970 to add the Gallantry Cross with Bronze Star, the Air Medal with Numeral 10, CMB, the Silver Star, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver and two bronze service stars to be worn on his already-awarded Vietnam Service Medal.
_______ _ _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) AR20110000952
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ABCMR Record of Proceedings (cont) AR20110000952
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