BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110006766
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 DD Form 214 (Report of Separation from Active Duty) be corrected to show award of the Vietnam Service Medal and all other medals he earned while stationed in Vietnam.
2. The applicant states that he believes the clerk forgot to add his awards at the time of discharge.
3. The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record).
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. On 28 April 1969, the applicant was inducted into the Army of the United States; he was honorably discharged on 30 April 1969 and enlisted in the Regular Army on 1 May 1969 for a period of 3 years.
3. He completed basic training at Fort Bragg, North Carolina and advanced individual training as an airframe repairman at Fort Eustis, Virginia before being transferred to Vietnam on 5 March 1970, for assignment to the 71st Aviation Company. He was promoted to the pay grade of E-5 on 14 August 1970.
4. After serving in three campaigns, on 27 January 1971, he was transferred from Vietnam to Fort Lewis, Washington. He was subsequently transferred to Fort Leonard Wood, Missouri and discharged on 17 March 1972.
5. The DD Form 214 he was issued indicates he was discharged on temporary records and his marksmanship badges are the only awards listed in block 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized).
6. His official records show he was awarded the following awards during his service:
* National Defense Service Medal (NDSM)
* Vietnam Service Medal with three bronze service stars (VSM with 3 BSS)
* Two awards of the Army Commendation Medal (ARCOM 1OLC)
* Republic of Vietnam Campaign Medal with Device 1960 (RVNCM with Device 1960)
7. 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 Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his awards should be added to his DD Form 214 has been noted and found to have merit.
2. The applicant was awarded the NDSM, VSM with 3BSS, ARCOM 1OLC and RVNCM with Device 1960. Accordingly, they should be added to his DD Form 214 at this time.
3. Additionally, the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit and he is entitled to have this award added to his DD Form 214 as well.
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 following awards to item 26 of his DD Form 214: the NDSM, VSM with 3BSS, ARCOM 1OLC, RVNCM with Device 1960, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.
_______ _ 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) AR20110006766
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