IN THE CASE OF:
BOARD DATE: 17 January 2012
DOCKET NUMBER: AR20110013725
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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 9 May 1968 to show any awards he is authorized that are not listed.
2. He states not all of his awards are listed on his DD Form 214.
3. He provides no additional documentary evidence in support of this application.
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 military records show he was inducted into the Army on 10 May 1966. He was awarded the military occupational specialty of wheel vehicle mechanic and was promoted to the rank of private first class/pay grade E-3.
3. His available records do not contain a DA Form 20 (Enlisted Qualification Record) or similar document showing his assignments, awards, and the period of his tour of duty in the Republic of Vietnam (RVN).
4. His records show he accepted nonjudicial punishment on 4 October 1967 for failing to obey a lawful order on 9 September 1967 while in Vietnam
5. Headquarters, 1st Infantry Division, General Orders Number 9508, dated 31 December 1967, awarded him the Army Commendation Medal with "V" Device for heroism on 31 October 1967.
6. His DD Form 214 shows he was honorably released from active duty on 9 May 1968. He completed a total of 2 years of creditable active service.
7. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal, and Purple Heart.
8. Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. During his tour of duty in Vietnam he participated in the Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) campaign.
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit the applicant was assigned to while serving in the RVN was awarded the:
* RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 51, dated 1971
DISCUSSION AND CONCLUSIONS:
1. General orders awarded him the Army Commendation Medal with "V" Device. Therefore, he is entitled to have this award added to his DD Form 214.
2. His records contain sufficient evidence to only confirm he served in the RVN during the period 9 September 1967 to 31 October 1967. He was awarded the Vietnam Service Medal and evidence shows he participated in one campaign while serving in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded Vietnam Service Medal with one bronze service star.
3. His unit was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during his period of service in Vietnam. Therefore, his DD Form 214 should be corrected to show these foreign unit awards.
4. In view of the foregoing, he is entitled to have his records corrected as shown below.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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 from item 24 of his DD Form 214 the Vietnam Service Medal; and
b. adding to item 24 of his DD Form 214 the Army Commendation Medal with "V" Device, Vietnam Service Medal with one bronze service star, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.
_______ _ _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) AR20110013725
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110013725
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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