BOARD DATE: 31 January 2012
DOCKET NUMBER: AR20110014538
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 any awards and decorations to which he may be entitled for his service in Vietnam be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant provides no explanation.
3. The applicant provides no documentary evidence.
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 enlisted in the Regular Army on 31 January 1966 for a period of 3 years. He completed his training and was awarded military occupational specialty 12B (combat engineer). He arrived in Vietnam on 3 November 1966. He served as a combat engineer assigned to Company B, 35th Engineer Battalion in Vietnam from 3 November 1966 to 20 October 1967. On 23 January 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) 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 one bronze service star
* Vietnam Campaign Medal (correctly known as the Republic of Vietnam Campaign Medal with Device (1960))
4. Records show he participated in two campaigns during his assignment in Vietnam.
5. Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam. This pamphlet shows the 35th Engineer Battalion, was cited for award of the Meritorious Unit Commendation for actions during the period 24 November 1966 to 15 October 1967 by Department of the Army General Orders Number 67, dated 1968.
6. Department of the Army Pamphlet 672-3, paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.
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 DD Form 214 shows the Vietnam Service Medal with one bronze service star. However, records show he participated in two campaigns during his service in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars. His DD Form 214 should be corrected to show these awards.
2. His unit was cited for award of the Meritorious Unit Commendation while he was assigned to the unit. His DD Form 214 should be corrected to show this unit award.
3. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show this unit award.
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 entry "Vietnam Service Medal w/Bronze Service Star" from item 24 of his DD Form 214; and
b. adding the Vietnam Service Medal with two bronze service stars, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to item 24 of 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) AR20110014538
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ABCMR Record of Proceedings (cont) AR20110014538
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