BOARD DATE: 31 January 2013
DOCKET NUMBER: AR20120010672
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 military service records to show award of the Combat Medical Badge (CMB). In addition, the applicant requests the issuance of the CMB and the Vietnam Service Medal (VSM).
2. The applicant states the Oakland Army Terminal processed him out in a hurry and did not update his records.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a DD Form 215 (Correction to 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 was inducted into the Army of the United States on
25 October 1963. He successfully completed training and he was awarded military occupational specialty 91B (Medical Corpsman).
3. The applicant arrived in the Republic of Vietnam (RVN) on 17 September 1965 and he was assigned to Headquarters and Headquarters Company, 1st Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile).
4. Special Orders 95, dated 4 October 1965, issued by the 1st Cavalry Division (Airmobile), show the applicant was awarded the CMB.
5. The applicant departed the RVN on or about 11 October 1965.
6. On 13 October 1965, he was honorably released from active duty after completing 1 year, 11 months, and 19 days of creditable active service.
7. His DD Form 214, as amended by a DD Form 215, shows he was awarded:
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* VSM
8. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974,
2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
9. Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam the applicant participated in one campaign, the Vietnam Defense Campaign (8 March 1965 - 24 December 1965).
10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in
Vietnam. This document shows that, at the time of the applicants assignment to
the 1st Battalion, 7th Cavalry, it was cited for award of the RVN Gallantry Cross with Palm Unit Citation during the period 9 August 1965 through 13 November 1965 based on Department of the Army General Orders 59, dated 1969.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was awarded the CMB. Therefore, he is entitled to correction of his DD Form 214 to show the CMB.
2. He met the eligibility for award of the NDSM for his period of service from
25 October 1963 through 13 October 1965. His DD Form 214 should be amended to show award of the NDSM.
3. The applicant was assigned to a unit during a period of time the unit was awarded the RVN Gallantry Cross with Palm Unit Citation. Therefore, his
DD Form 214 should be amended to show the award.
4. His participation in one campaign makes him eligible for one bronze service star to be worn on his already-awarded VSM. His DD Form 214 should be amended to add the service star.
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 the Vietnam Service Medal from his DD Form 214;
b. amending his DD Form 214 to add:
* Combat Medical Badge
* National Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with one bronze service star
c. issuing the applicant the Combat Medical Badge, National Defense Service Medal, and Vietnam Service Medal with one bronze service star.
_______ _ 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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