BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110005521
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 he was awarded or is authorized the:
* Army Good Conduct Medal
* Meritorious Unit Commendation (Army)
* Vietnam Campaign Medal (determined to refer to the Republic of Vietnam Campaign Medal with Device (1960))
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
2. The applicant states these awards were not added to his DD Form 214 at the time of his separation from active duty.
3. The applicant provides:
* his DD Form 214
* National Archives (NA) Form 1577 (Authorization for 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. He was inducted into the Army of the United States on 29 April 1964. He completed basic combat and advanced individual training and was awarded military occupational specialty 55B (Ammunition Storage Specialist).
3. He was assigned to the 820th Ordnance Company in the Republic of Vietnam from 17 August 1965 to 17 April 1966.
a. Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the:
* Vietnam Defense Campaign (8 March 1965 - 24 December 1965)
* Vietnam Counteroffensive Campaign (25 December 1965 - 30 June 1966)
b. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists unit citations and commendations awarded during the Vietnam Conflict. This pamphlet shows his unit was awarded the Meritorious Unit Commendation (Army) for the period September 1965 to March 1966.
4. On 21 April 1966, he was released from active duty. He completed 1 year,
11 months, and 23 days of active service that was characterized as honorable. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 indicates he was awarded or is authorized the:
* Expert Marksmanship Qualification Badge with Rifle Bar
* Drivers and Mechanic Badge with Drivers Bar
* Vietnam Service Medal
* Army Good Conduct Medal
5. Department of the Army Pamphlet 672-3 states all units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.
6. Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of the Republic of Vietnam to all members of the Armed Forces of the United States for qualifying service in Republic of Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in the Republic of Vietnam for 6 months or more.
b. A bronze service star is authorized based on qualifying service for each campaign listed in Appendix B of this regulation. The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. His award of the Army Good Conduct Medal is already listed in item 26 of his DD Form 214. Therefore, there is no correction to be made for this award.
2. Based on his service with the 820th Ordnance Company, he is authorized the:
* Meritorious Unit Commendation (Army)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
3. Having served more than 6 months in the Republic of Vietnam he is authorized the Republic of Vietnam Campaign Medal with Device (1960).
4. He participated in two campaigns during his service in Vietnam. Therefore, he is authorized two bronze service stars to be worn on his Vietnam Service Medal.
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 and item 26 of his DD Form 214 be amended to include the:
* Meritorious Unit Commendation (Army)
* Vietnam Service Medal with 2 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
_______ _ 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) AR20110005521
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ABCMR Record of Proceedings (cont) AR20110005521
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