IN THE CASE OF:
BOARD DATE: 8 January 2013
DOCKET NUMBER: AR20120010748
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 to show all of his authorized awards.
2. The applicant states that all of his authorized awards were not included on his DD Form 214.
3. The applicant provides copies of orders awarding him the Bronze Star Medal with V Device and the Army Commendation Medal with one oak leaf cluster (1OLC) and V Device.
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 on 13 August 1965. He completed his basic training at Fort Polk, Louisiana and his advanced individual training as a military policeman at Fort Gordon, Georgia before being transferred to Vietnam on
27 December 1965 for assignment to Company A, 1st Supply and Transportation Battalion, 1st Infantry Division as a light vehicle driver. He was advanced to the pay grade of E-4 on 29 October 1966.
3. After serving in two campaigns he departed Vietnam on 19 December 1966 for assignment to Fort Polk where he remained until he was honorably released from active duty (REFRAD) on 12 August 1967 due to the expiration of his term of service. He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Vietnam Service Medal (VSM), Bronze Star Medal, National Defense Service Medal, Vietnam Campaign Medal, and the VCM w/ 1OLC (should be Army Commendation Medal).
4. A review of the applicants official records shows that he was awarded the Bronze Star Medal with V Device, the Army Commendation Medal with 1OLC and V Device, and the Army Good Conduct Medal that were not included on his DD Form 214 in their entirety.
5. Army Regulation 600-8-22 (Military Awards) states a bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B, in this case the Vietnam Service Medal.
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 Meritorious Unit Commendation (MUC), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.
7. Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the Bronze Star Medal with V Device, the Army Commendation Medal with 1OLC and V Device, and the Army Good Conduct Medal that are not properly reflected on his DD Form 214. Accordingly, they should be added at this time.
2. The applicant served in two campaigns in Vietnam and thus is entitled to wear two bronze service stars on his already-awarded VSN and to have them added to his DD Form 214 at this time. He also met the criteria for award of the Republic of Vietnam Campaign Medal with Device (1960) and should have this award added to his DD Form 214.
3. Additionally, his unit was awarded the Meritorious Unit Commendation (MUC), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit. Accordingly, he is entitled to have those awards added to his DD Form 214.
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:
* Deleting the entries VSM, BSM, and VCM w/1OLC from his DD Form 214
* Adding the VSM with two bronze service stars, Bronze Star Medal with V Device, Army Commendation Medal with 1 OLC and V Device, MUC, Republic of Vietnam Campaign Medal with Device (1960), Republic
of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214
_______ _ 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) AR20120010748
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ABCMR Record of Proceedings (cont) AR20120010748
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