BOARD DATE: 2 February 2012
DOCKET NUMBER: AR20110015322
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 (Certificate of Release or Discharge from Active Duty) be corrected to reflect eight (8) service stars for his campaign participation in Vietnam.
2. The applicant states that his previous DD Form 214 shows that he had
8 service stars; however, his DD Form 215, dated 20 April 2010, gives him credit for only 6 service stars.
3. The applicant provides no additional documents with his 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. The applicant enlisted in the Regular Army on 12 April 1969. He completed his training and the available records show that he served in Vietnam from April 1967 to April 1968 and from November 1968 to April 1969. The exact dates of the applicants service in Vietnam are not present in the available records.
3. On 28 February 1987, he was honorably retired and was transferred to the Retired List effective 1 March 1987. His DD Form 214 reflects that he was awarded the Vietnam Service Medal (VSM) with 8 campaign stars.
4. On 20 April 2010, in response to a request from the applicant for award of the Valorous Unit Award, the Human Resources Command (HRC) corrected his
DD Form 214 to reflect award of the VSM with one silver and one bronze service star which denotes participation in six campaigns.
5. 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. A silver service star is worn in lieu of five bronze service stars.
6. Army Regulation 600-8-22 also provides, in table B-1, a list of authorized campaigns during the Vietnam Conflict. The campaigns listed for the period of April 1967 to April 1968 and from November 1968 to April 1969 are as follows:
* Vietnam Counteroffensive Phase II 1 July 1966 21 May 1967
* Tet Counteroffensive 3 January 1968 1 April 1968
* Vietnam Counteroffensive Phase IV 2 April 1968 30 June 1968
* Vietnam Counteroffensive Phase V 1 July 1968 1 November 1968
* Vietnam Counteroffensive Phase VI 2 November 1968 22 February 1969
* Tet 69 Counteroffensive 1969 23 February 1969 8 June 1969
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to reflect his correct number of bronze service stars awarded for his campaign participation in Vietnam has been noted and found to lack merit.
2. The applicants DD Form 214 was corrected by officials at HRC to reflect the correct amount of campaigns the applicant participated in and he was issued a DD Form 215 showing participation in six campaigns (one silver and one bronze service star).
3. Based on the authorized campaigns, the most campaigns he could have participated in was six and the applicant has failed to provide sufficient evidence to show otherwise.
4. Therefore, in the absence of such evidence, there appears to be no basis to grant the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X__ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. 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.
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