IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110016999
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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Presidential Unit Citation (PUC) and an additional bronze service star for wear with his Vietnam Service Medal (VSM).
2. The applicant states during his tenure of assignment in the Republic of Vietnam (RVN) his unit earned the PUC and a total of 3 bronze service stars for wear with his VSM.
3. The applicant provides internet documents related to the PUC that was earned by his unit and his DD Form 214 in support of 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 record shows the applicant was inducted into the Army, on 8 December 1965, and he was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicants DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 22 September 1966 through 22 August 1967. Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to Company B, 2nd Battalion, 22nd Infantry Regiment.
4. On 7 December 1967, the applicant was honorably released from active duty, in the rank of specialist four/E-4, after completing 2 years of active military service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:
* VSM with 1 bronze service star
* National Defense Service Medal
* RVN Campaign Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle and Grenade Launcher Bars
5. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-13 contains guidance for the VSM. It states a bronze
service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN. Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the following two campaigns for the periods indicated:
* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
6. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's tenure of assignment in the RVN, his unit, Company B, 2nd Battalion, 22nd Infantry Regiment was cited for award of the PUC for 21 March 1967 by Department of the Army General Order (DAGO) 59, dated 1968; the RVN Gallantry Cross (RVNGC) with Palm Unit Citation with Palm Unit Citation for the period October
1966-1 August 1967 by DAGO 38, dated 1970; and the RVN Civil Actions Honor Medal (RVNCAHM) First Class (FC) Unit Citation for the period 1 August 1967-21 January 1970 by DAGO 51, dated 1971.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that the PUC and an additional bronze service star with his VSM be added to his record and DD Form 214 has been carefully considered and found to have merit.
2. The evidence of record confirms the applicants unit was cited for the PUC, RVNGC with Palm Unit Citation, and RVNCAHM FC Unit Citation during the applicants tenure of assignment in the RVN. It further shows he was credited with participation in 2 campaigns. As a result, it would be appropriate to add these awards and an additional bronze service star to his VSM.
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 amending item 24 of his DD Form 214 as follows:
a. deleting the Vietnam Service Medal with 1 bronze service star; and
b. adding the following awards:
* Vietnam Service Medal with 2 bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
_______ _ __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) AR20110016999
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ABCMR Record of Proceedings (cont) AR20110016999
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