IN THE CASE OF:
BOARD DATE: 21 June 2012
DOCKET NUMBER: AR20120000187
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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by deleting the award of the American Campaign Medal and by adding his awards of the Army Commendation Medal (ARCOM), Meritorious Service Medal (MSM) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and any other awards to which he is entitled.
2. The applicant states that his DD Form 214 incorrectly reflects he was awarded the American Campaign Medal which is a World War II award and it does not reflect his awards of the ARCOM, MSM, or the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
3. The applicant provides a copy of his DD Form 214, orders awarding him the ARCOM and MSM, and a description of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
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 February 1967 for a period of 4 years and assignment to the U.S. Army Security Agency. He completed his basic training at Fort Leonard Wood, Missouri and his advanced individual training as a traffic analyst at Fort Devens, Massachusetts.
3. He was transferred to Vietnam on 29 September 1967 for assignment to the Americal Radio Research Company. He served in four campaigns and departed Vietnam on 26 September 1968 for assignment to Fort Hood, Texas. He was subsequently reassigned to Germany for assignment to the U.S. Army Security Agency Europe. He was promoted to the pay grade of E-6 on 9 April 1970.
4. On 18 December 1970, he was honorably released from active duty (REFRAD) to attend school. He had served 3 years, 10 months, and 18 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the American Campaign Medal, Meritorious Unit Citation Medal, Vietnam Service Medal, Vietnam Campaign Medal with 1960 Device, the Good Conduct Medal, and the National Defense Service Medal.
5. The applicant has provided copies of orders awarding him the ARCOM for his service in Vietnam and the MSM for his service in Germany.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.
7. Army Regulation 600-8-22 states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal, which includes the Vietnam Service Medal.
8. Army Regulation 600-8-22 (Military Awards) states the American Campaign Medal is awarded for qualifying service in the American Theater between
7 December 1941 and 2 March 1946.
DISCUSSION AND CONCLUSIONS:
1. The applicant has provided orders awarding him the ARCOM and MSM. Accordingly, he is entitled to have those awards added to his DD Form 214 at this time.
2. The applicant participated in four campaigns during his service in Vietnam. Therefore, he is entitled to four bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.
3. The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show this unit award.
4. The applicants DD Form 214 reflects the award of the American Campaign Medal; however, the applicant did not serve during a qualifying period for that award and it should be deleted from his DD Form 214.
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:
* Deleting the awards of the American Campaign Medal and Vietnam Service Medal from his DD Form 214
* Adding the awards of the Vietnam Service Medal with four bronze service stars, Army Commendation Medal, Meritorious Service Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214
2. The Board wants the applicant and all others to know 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) AR20120000187
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ABCMR Record of Proceedings (cont) AR20120000187
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