IN THE CASE OF:
BOARD DATE: 1 December 2011
DOCKET NUMBER: AR20110012206
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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show two awards of the Valorous Unit Award (VUA).
2. The applicant states his unit was awarded two VUAs and he desires them to be added to his DD Form 214.
3. The applicant provides a copy of his DD Form 214, copies of orders awarding his unit the VUAs, copies of orders awarding him the Combat Infantryman Badge (CIB) and the Army Commendation Medal, orders awarding his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and a copy of Board proceedings pertaining to a member of his unit.
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 in Kansas City, Missouri on 12 May 1967. He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before he was transferred to Vietnam on 19 October 1967 for assignment to Company B, 4th Battalion, 39th Infantry Regiment, 9th Infantry Division.
3. After serving in four campaigns, he departed Vietnam on 11 October 1968 for assignment to Fort Leavenworth, Kansas for duty as a military policeman.
4. On 9 May 1969 he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS). He served 1 year, 11 months, and 28 days of active service. His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Vietnam Campaign Medal with Device (1960), the Good Conduct Medal, the Combat Infantryman Badge, and the Army Commendation Medal.
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's assignment his unit was cited for award of the VUA for the period 6-12 May 1968 on Department of the Army General Orders (DAGO) 43, dated 1970. It also shows it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.
6. The applicant provided a copy of DAGO 5, dated 1969, that awarded his unit the VUA for heroism on 31 January 1968.
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. The applicants unit was awarded two awards of the VUA and one award each of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
2. The applicant also served in four campaigns while in Vietnam and thus is entitled to wear four bronze service stars on his already-awarded VSM.
3. Accordingly, he is entitled to have his DD Form 214 corrected to reflect those awards.
BOARD VOTE:
___X____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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:
* Deleting the VSM from block 24 of his DD Form 214
* Adding the VSM with four bronze service stars to block 24 of his DD Form 214
* Adding the VUA (2 awards), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to block 24 of his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20110012206
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ABCMR Record of Proceedings (cont) AR20110012206
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