IN THE CASE OF:
BOARD DATE: 1 November 2012
DOCKET NUMBER: AR20120007901
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 the appropriate awards and decorations for his service in Vietnam.
2. The applicant states that upon his discharge, he was not awarded all the medals to which he was entitled.
3. The applicant provides a copy of his DD Form 214.
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's records show he enlisted in the Regular Army on 23 April 1968 and he held military occupational specialty 13A (Field Artillery Basic).
3. His record does not contain a DA Form 20 (Enlisted Qualification Record) listing his awards.
4. He was honorably released from active duty on 1 April 1971 and transferred to the U.S. Army Reserve. He completed 2 years, 11 months, and 9 days of creditable active service with no time lost.
5. The DD Form 214 he was issued shows he:
* served in Vietnam from 31 May 1970 to 31 March 1971 while assigned to Battery C, 2nd Battalion, 12th Artillery, 23rd Group, II Field Force
* was awarded:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)
6. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of his records shows that during his service in Vietnam he participated in two campaigns.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 2nd Battalion, 12th Artillery was cited for award of the:
a. Valorous Unit Award for the period 1 May through 29 June 1970, by Department of the Army General Orders (DAGO) Number 43, dated 1972;
b. Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 21 February 1970 through 28 February 1971 by DAGO 42, dated 1972; and for the period 15 January through 30 August 1971, by DAGO 54, 1974; and
c. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 31 August 1969 through 15 January 1971, by DAGO 51, dated 1971.
8. DA Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual. Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214 to show the appropriate awards and decorations for his service in Vietnam.
2. His record confirms he participated in two campaigns while serving in Vietnam. Therefore, he is entitled to two bronze service stars for wear on his previously-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.
3. His unit in Vietnam was cited for award of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards. He should be aware that although his unit was awarded two Republic of Vietnam Gallantry Cross with Palm Unit Citations he may only display one on his uniform.
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
a. deleting from his DD Form 214 the Vietnam Service Medal; and
b. adding to his DD Form 214 the:
* Vietnam Service Medal with two bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
_________________________
CHAIRPxERSON
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) AR20120007901
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ABCMR Record of Proceedings (cont) AR20120007901
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