IN THE CASE OF:
BOARD DATE: 25 August 2011
DOCKET NUMBER: AR20110003509
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 awards of the second award of the Air Medal and the Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states that his second Award of the Air Medal and the award of the BSM were omitted from his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and copies of his certificates for those awards.
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 Detroit, Michigan on 16 September 1969. He completed his basic training at Fort Knox, Kentucky and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam for assignment to C Troop, 3d Squadron, 17th Cavalry Regiment on 22 February 1970. He was advanced to the pay grade of E-4 on 11 July 1970.
3. On 15 October 1970, General Orders Number 10221 issued on 15 October 1970 awarded the applicant the Air Medal for the period of 20 July to 5 August 1970. On 3 December 1970, General Orders Number 11945 issued on 3 December 1970 awarded the applicant the Air Medal second award with V Device (AM 1st OLC and V: Device). On 23 December 1971 General Orders Number 208 awarded the applicant the BSM for meritorious service from February 1970 to February 1971.
4. After serving in three campaigns, he departed Vietnam on 2 January 1971 for assignment to Fort Gordon, Georgia where he remained until he was honorably released from active duty (REFRAD) on 3 September 1971. He had served 1 year, 11 months and 18 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Vietnam Campaign Medal, the Air Medal, the Combat Infantryman Badge and the Good Conduct Medal.
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 the applicant's unit was awarded the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.
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.
DISCUSSION AND CONCLUSIONS:
1. The applicant clearly was awarded the AM w/1st OLC and V Device and the BSM. Accordingly, he is entitled to have them added to his records at this time.
2. Additionally, the evidence of record shows that he participated in three campaigns and his unit was awarded the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.
3. Accordingly, he is entitled to have those awards added to his records as well.
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:
* Deleting the VSM from his DD Form 214 and adding the VSM with three bronze service stars
* Deleting the award of the AM from his DD Form 214 and adding the AM w/1OLC and V Device
* Adding the awards of the BSM, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation to his DD Form 214
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) AR20110003509
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ABCMR Record of Proceedings (cont) AR20110003509
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