IN THE CASE OF:
BOARD DATE: 24 January 2012
DOCKET NUMBER: AR20110014690
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 he be awarded a second award of the National Defense Service Medal (NDSM) and an additional bronze service star for his Vietnam Service Medal (VSM).
2. The applicant states that he served during qualifying period for award of a second award of the NDSM and he served in four campaigns in Vietnam so his DD Form 214 should reflect that he served in the Vietnam Summer-Fall Campaign, which is not listed on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy of his DA Form 66 (Officer Qualification Record) and a list of Vietnam Campaigns.
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 1 September 1967. He completed his training as a clerk-typist and was transferred to Vietnam on 15 July 1968. He served in four campaigns in Vietnam until 11 July 1969 when he was transferred to Oakland Army Base, California and was honorably released from active duty (REFRAD) as an overseas returnee. He had served 1 year, 10 months and 11 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the NDSM, the Vietnam Campaign Medal, the Bronze Star Medal, the Vietnam Service Medal and the Good Conduct Medal.
3. On 29 September 1972 he was appointed as a United States Army Reserve Judge Advocate General Corps first lieutenant. He was ordered to active duty on 14 October 1972 and remained on active duty until he was honorably REFRAD as a Regular Army lieutenant colonel on 31 December 1990 and was transferred to the Retired List effective 1 January 1991. He had served 20 years and 25 days of active service and his DD Form 214 issued at the time of his retirement shows that he was awarded the NDSM with one bronze service star, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal with four bronze service stars, the Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation (3 awards), the Army Good Conduct Medal, two overseas service bars, the Army Commendation Medal with one oak leaf cluster, the Army Service Ribbon with numeral 1, the Overseas Service Ribbon with numeral one, the Meritorious Service Medal with three oak leaf clusters, his marksmanship badges, and his participation in the Vietnam Counteroffensive Phase V and VI and the TET Counteroffensive.
DISCUSSION AND CONCLUSIONS:
1. The applicants DD Form 214 already reflects two awards of the NDSM (NDSM-1), indicating the NDSM with one bronze service star. Accordingly, no further mention of that award will be made in these proceedings.
2. The applicants DD Form 214 also shows that he was awarded the VSM with four bronze service stars; however, only three campaigns are listed on his DD Form 214. Accordingly, the Vietnam Summer-Fall Campaign, which is not listed on his DD Form 214 should be added at this time.
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 adding the entry Vietnam Summer-Fall Campaign to block 18 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) AR20110014690
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ABCMR Record of Proceedings (cont) AR20110014690
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