IN THE CASE OF:
BOARD DATE: 3 November 2011
DOCKET NUMBER: AR20110009240
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, in effect, the Air Medal, Army Commendation Medal (ARCOM) (Second Oak Leaf Cluster) with "V" Device, and Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was separated on temporary records.
3. The applicant provides:
* an award certificate for the ARCOM (First Oak Leaf Cluster) with "V" Device
* his DD Form 214
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 into the Army of the United States on 10 June 1968. He completed his training and was awarded military occupational specialty 11B (Light Weapons Infantryman). He served in Vietnam from 30 November 1968 to 17 December 1969 and participated in four campaigns. On 16 June 1970, 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 with three bronze service stars
* Vietnam Cross of Gallantry with Palm (correctly known as the Republic of Vietnam Gallantry Cross with Palm Unit Citation)
* Vietnam Civil Acts Medal (correctly known as the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation)
* Republic of Vietnam Campaign Medal with Device (1960)
4. His DD Form 214 shows he was separated on temporary records.
5. Orders, dated 27 January 1969, show he received the CIB.
6. Orders, dated 19 April 1969, show he received the ARCOM for outstanding achievement during the period November 1968 to April 1969.
7. Orders, dated 11 May 1969, show he received the ARCOM (First Oak Leaf Cluster) with "V" Device for heroism in Vietnam on 1 May 1969.
8. Orders, dated 24 May 1969, show he received the Air Medal.
9. Orders, dated 3 July 1969, show he received the ARCOM (Second Oak Leaf Cluster) for meritorious service during the period November 1968 to July 1969.
10. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service medal, to include the Vietnam Service Medal, for each campaign participation credit.
DISCUSSION AND CONCLUSIONS:
1. Orders show he received the CIB, ARCOM (Second Oak Leaf Cluster) with "V" Device and Air Medal. His DD Form 214 should be corrected to show these awards.
2. The applicant is also eligible to wear four bronze service stars on his Vietnam Service Medal instead of the three bronze service stars now shown on his DD Form 214.
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 CIB, ARCOM (Second Oak Leaf Cluster) with "V" Device and Air Medal to item 24 of his DD Form 214 and by showing he is eligible to wear four bronze service stars on his Vietnam Service Medal in lieu of the three bronze service stars now shown.
_______ _ __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) AR20110009240
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110009240
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110019753
Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Therefore, it would be appropriate at this time to award...
ARMY | BCMR | CY2012 | 20120000313
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following awards: a. There is no evidence to show he is authorized a third award of the Bronze Star Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 29 January 1968 to 20 January 1970; b. deleting the Vietnam...
ARMY | BCMR | CY2007 | 20070009577
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show a second award of the Purple Heart (in effect, a Purple Heart with Oak Leaf Cluster), Army Commendation Medal (ARCOM), and the Combat Infantryman Badge (CIB). The applicant's records show that he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing...
ARMY | BCMR | CY2011 | 20110019345
It shows that during the applicant's tenure of assignment in the RVN, his unit, 3rd Battalion, 39th Infantry Regiment, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 1 July-13 November 1968 by Department of the Army GO (DAGO) 31, dated 1969 and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1968-28 June 1969 by DAGO 43, dated 1970. In this case, the evidence of record clearly shows the applicant was assigned to...
ARMY | BCMR | CY2008 | 20080014675
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant's records show that he was awarded the Vietnam Service Medal. His commander states that the only explanation for the applicant not receiving the Purple Heart was because within 10 days of the action the applicant rotated back to the United States.
ARMY | BCMR | CY2009 | 20090001769
The applicant's record shows that he was awarded the Vietnam Service Medal. The record further shows the applicant was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars; b. awarding him the AGCM for his qualifying honorable active duty service from 16 November 1967 through 18 August 1969; c. adding...
ARMY | BCMR | CY2008 | 20080008289
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that the Combat Infantryman Badge (CIB); Bronze Star Medal (BSM), 1st Oak Leaf Cluster (2nd Award); and all other unit awards to which he is entitled be added to Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214). As a result, the Board recommends that all Department...
ARMY | BCMR | CY2008 | 20080019366
Therefore, the applicant's records should be corrected to show these unit awards. Evidence also shows the applicant participated in four campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal; and b. adding to item 24 of the applicant's DD Form 214 the Bronze Star Medal with "V" Device (first oak leaf...
ARMY | BCMR | CY2014 | 20140015255
The applicant completed a qualifying period of service in Vietnam for award of the VSM with two bronze service stars. Item 30 of his DD Form 214 shows a clear error in the dates of his service in Vietnam. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by a. awarding him the CIB effective 24 January 1969; b. awarding him the AGCM (1st Award) for the period 23 April 1968 to 22 April 1970; c. deleting from item 24 of his DD...
ARMY | BCMR | CY2007 | 20070011910C080407
Ronald D. Gant | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing his entitlement to the Army Commendation Medal 1st...