IN THE CASE OF:
BOARD DATE: 20 September 2011
DOCKET NUMBER: AR20110004252
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 the Bronze Star Medal with "V" Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Presidential Unit Citation be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was awarded these medals/citations either individually or as a part of his unit.
3. The applicant provides:
* DD Form 214
* Envelope from the Army Support Center, Philadelphia, PA containing his Bronze Star Medal
* Orders for the Vietnamese Cross of Gallantry with Palm
* Orders for the Civil Action Honor Medal, First Class
* Excerpt from the Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)
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. He was inducted into the Army of the United States on 21 June 1965. He arrived in Vietnam on 28 January 1966. He served as a light weapons infantryman assigned to Company B, 1st Battalion, 28th Infantry, in Vietnam from 2 February 1966 to 21 December 1966. On 20 June 1967, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Good Conduct Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Letter of Commendation
4. Orders, dated 4 April 1967, show he received the Bronze Star Medal with "V" Device for heroism during the period 6 February 1966 to 18 December 1966 in Vietnam.
5. Records show the applicant participated in two campaigns during his assignment in Vietnam.
6. Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam. This pamphlet shows the 1st Battalion, 28th Infantry, was cited for award of the:
* Presidential Unit Citation for the period 6-9 November 1966 by Department of the Army General Orders (DAGO) 23, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 53, dated 1970
7. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.
DISCUSSION AND CONCLUSIONS:
1. Orders show he received the Bronze Star Medal with "V" Device. His DD Form 214 should be corrected to show this medal.
2. His unit was cited for award of the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it. His DD Form 214 should be corrected to show these unit awards.
3. He participated in two campaigns during his service in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars. His DD Form 214 should be corrected to show this award.
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 adding the Bronze Star Medal with "V" Device, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of 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) AR20110004252
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ABCMR Record of Proceedings (cont) AR20110004252
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