IN THE CASE OF:
BOARD DATE: 4 October 2011
DOCKET NUMBER: AR20110006383
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 item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by adding the following awards:
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
2. He states he received a letter from the National Personnel Records Center (NPRC) that states he should be in receipt of these unit awards.
3. He provides:
* His DD Form 214
* A letter from the NPRC
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. His records show he was inducted into the Army of the United States on
20 August 1969. Upon completion of training, he served in military occupational specialty 11D (Armored Reconnaissance Specialist).
3. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 16 March 1970 through 26 March 1971.
4. Item 38 (Record of Assignments) of his DA Form 20 shows he was assigned to D Troop, 7th Squadron, 17th Cavalry Regiment during his tour in Vietnam.
5. Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the following awards which are not shown on his DD Form 214:
* Combat Infantryman Badge (CIB) by Special Orders Number 142, dated 1970
* Army Commendation Medal (ARCOM) by General Orders Number 160, dated 1971
6. His DD Form 214 shows he was honorably released from active duty on
27 March 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training). Item 24 of this form shows he was awarded the following:
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Air Medal
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows during the period of his assignment with
D Troop, 7th Squadron, 17th Cavalry Regiment, his unit was awarded two awards of the RVN Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Numbers 51 and 52, dated 1971 and the RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.
8. Department of the Army Pamphlet 672-3 also lists campaign periods for the Vietnam era. Three designated campaigns coincide with his period of service in Vietnam:
* Vietnam Winter-Spring 1970, 1 November 196930 April 1970
* DA Sanctuary Counteroffensive, 1 May 197030 June 1970
* Vietnam Counteroffensive, Phase VII, 1 July 197030 June 1971
9. Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for each campaign listed in appendix B. Authorized bronze service stars will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
1. Special orders awarded him the CIB which is not shown on his DD Form 214. He is entitled to have this award added to item 24.
2. General orders awarded him the ARCOM which is not shown on his DD Form 214. He is entitled to correction of his records to add this award to item 24 of this form.
3. General orders awarded his unit two awards of the RVN Gallantry Cross with Palm Unit Citation and one award of the RVN Civil Actions Honor Medal First Class Unit Citation. Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards.
4. He was previously awarded the VSM. His records show he participated in three campaigns while serving in Vietnam. Therefore, he is entitled to wear three bronze service stars on his VSM.
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:
a. deleting the VSM from his item 24 of his DD Form 214, and
b. adding the following awards to item 24 of his DD Form 214:
* CIB
* ARCOM
* Two awards of the RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* VSM with three bronze service stars
_______ _ 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) AR20110006383
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ABCMR Record of Proceedings (cont) AR20110006383
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