BOARD DATE: 2 February 2012
DOCKET NUMBER: AR20110016192
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 correction of his DD Form 214 (Certificate of Release or Discharge From Active Duty) to show all the awards he is entitled to.
2. The applicant states he was unaware he could make this request.
3. The applicant provides no additional 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. Having prior enlisted service in the Republic of Vietnam from 21 September 1965 through 20 September 1966, the applicant was appointed as a warrant officer in the U.S. Army Reserve on 15 June 1970 with concurrent call to active duty. He was again stationed in the Republic of Vietnam from 23 July 1970 through 13 July 1971, where he was further assigned to the 121st Aviation Company and later to Headquarters and Headquarters Company, 13th Combat Aviation Battalion.
3. On 28 February 1981, he was honorably retired from active duty and transferred to the U.S. Army Reserve Control Group (Retired). Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows:
* Army Good Conduct Medal (3rd Award)
* Vietnam Service Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Senior Army Aviator Badge
* Air Medal (9th Award)
* Bronze Star Medal
* 4 Overseas Bars
* Republic of Vietnam Cross of Gallantry with Palm Unit Citation
* Armed Forces Reserve Medal
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with Pistol Bar (.38 Caliber)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Meritorious Service Medal
4. Records to verify the applicants date and unit of assignment prior to the applicants appointment as a warrant officer were either illegible or unavailable; however, item 9 (Awards, Decorations and Campaigns) of the applicants DA Form 2-1 (Personnel Qualification Record) show he participated in the following five campaigns while serving in the Republic of Vietnam:
* Vietnam Defense Campaign
* Vietnam Counteroffensive
* Vietnam Counteroffensive Phase II
* Vietnam Counteroffensive Phase VII
* Consolidation I
5. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. Qualifying service also included temporary duty for 30 consecutive days or 60 nonconsecutive days in Vietnam or contiguous areas, except that the time limit may be waived for personnel participating in actual combat operations. The same regulation states that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in. A silver service star is authorized in lieu of five bronze service stars.
DISCUSSION AND CONCLUSIONS:
The Board accepts the applicants DA Form 2-1 as evidence the applicant participated in five campaigns during his service in the Republic of Vietnam. Therefore, he is entitled to award of a silver service star for wear on his previously awarded Vietnam Service Medal and to correction of his DD Form 214 for the period ending 28 February 1981 to show this 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 adding a silver service star to his already awarded Vietnam Service Medal in item 13 of his DD Form 214 for the period ending 28 February 1981.
_______ _ 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) AR20110016192
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ABCMR Record of Proceedings (cont) AR20110016192
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