IN THE CASE OF:
BOARD DATE: 10 January 2013
DOCKET NUMBER: AR20120011129
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 additional awards and decorations.
2. The applicant states he feels there are medals and ribbons missing from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He adds that he received a letter after his discharge indicating he was given a new award and that it is not listed on his DD Form 214. He has lost that documentation.
3. The applicant provides 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 service records, known as the DA Form 201 (Military Personnel Records Jacket (MPRJ)), is not available for review. This case is being reviewed solely based on the DD Form 214 provided by the applicant.
3. His DD Form 214 shows he was inducted into the Army of the United States on 23 September 1965 and he held military occupational specialty 12B (Combat Constructions Specialist).
4. General Orders (GO) Number 2970, issued by Headquarters, 1st Infantry Division, on 7 May 1967, awarded him the Army Commendation Medal with "V" Device for heroism on 21 January 1967 while assigned to C Company, 168th Engineer Battalion.
5. He completed 1 year, 9 months, and 11 days of creditable active service, of which 10 months and 18 days was foreign service in the U.S. Army Pacific. His last duty assignment was with Company C, 168th Engineer Battalion, Vietnam.
6. He was honorably released from active duty on 3 July 1967 and he was transferred to the U.S. Army Reserve on 3 July 1967. His DD Form 214 shows the:
* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
7. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states 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, campaign participation credit was awarded for the following campaigns:
* Vietnam Counteroffensive Phase, 1 July 1966 - 31 May 1967
* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during the applicant's service with the 168th Engineer Battalion in Vietnam, from on or about 21 January 1967 (the date he performed his heroism that resulted in award of the Army Commendation Medal with "V" Device) to on or about 2 July 1967, one day prior to his separation), his unit was cited for awards of the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 8, dated 1974
* Valorous Unit Award, for valor from 5 January to 15 July 1967 based on DAGO Number 1, dated 1969
DISCUSSION AND CONCLUSIONS:
1. The applicant's MPRJ is not available for review with this case. However, the available evidence supports the applicant's contention that his DD Form 214 is missing some medals.
2. GO awarded him the Army Commendation Medal with "V" Device for heroism on 21 January 1967 in Vietnam. He is entitled to correction of his DD Form 214 to show this award.
3. The evidence of record shows the applicant participated in at least two campaigns during his service in Vietnam. Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.
4. GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award during his period of service in Vietnam. Therefore, his DD Form 214 should be corrected to show these unit awards.
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 from his DD Form 214 the Vietnam Service Medal
*
adding to his DD Form 214 the:
* Army Commendation Medal with "V" Device
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Valorous Unit Award
_______ _ 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) AR20120011129
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120011129
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100019666
The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show two awards of the Purple Heart and his correct social security number (SSN). His SSN was used only four times in his service record. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing a DD Form 215 (Correction to DD Form 214) to: a. correct his SSN to end in "4246," b. delete the awards currently listed on his DD Form 214,...
ARMY | BCMR | CY2009 | 20090001109
Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service. Therefore, it would be appropriate to correct his records to show this unit award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and...
ARMY | BCMR | CY2010 | 20100021852
The evidence of record shows the applicant served a qualifying period of service in Vietnam from 21 May 1967 to 30 December 1968 for award of the Vietnam Service Medal. In the absence of derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this...
ARMY | BCMR | CY2009 | 20090013984
IN THE CASE OF: BOARD DATE: 11 March 2010 DOCKET NUMBER: AR20090013984 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant's service records and his DD Form 214 show award of the ARCOM for meritorious service; there is no evidence he was awarded an ARCOM for valor. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DD Form 214 the Driver and Mechanic Badge with Mechanic Bar, the Expert Marksmanship...
ARMY | BCMR | CY2012 | 20120003407
On 7 March 2005, in response to his previous request for correction to his DD Form 214, he was issued a DD Form 215 (Correction to DD Form 214) with the following corrections: a. correcting his date of rank b. deleting from his DD Form 214 the Vietnam Service Medal c. adding to his DD Form 214 the: * Vietnam Service Medal with one silver service star * Army Good Conduct Medal * MUC * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Gallantry Cross...
ARMY | BCMR | CY2010 | 20100028808
Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device 1960 * Army Commendation Medal with "V" Device * Bronze Star Medal with "V" Device * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Two overseas service bars 9. Item 41 (Awards and Decorations) of his DA Form 20 lists the: *...
ARMY | BCMR | CY2006 | 20060014045C071029
The applicant requests award of the Purple Heart for wounds received in Vietnam on or about 6 January 1967. The applicant provided a Headquarters, 168th Engineer Combat Battalion Operational Report for the quarterly period ending 30 April 1967 that shows the battalion participated in Operation Cedar Falls, during which operation the unit was responsible for jungle clearing, road repair, mine sweeping, tunnel destruction, and other combat engineer tasks, during the period 5 through 28...
ARMY | BCMR | CY2010 | 20100024949
Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service. Records show the applicant served a qualifying period of active enlisted service for award of the Army Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Army Good...
ARMY | BCMR | CY2003 | 2003088812C070403
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 Army Commendation Medal with "V" Device. There are no orders available to the Board which authorize award of the Army Commendation Medal with "V" Device to the applicant. The applicant was awarded the Bronze Star Medal for meritorious service; therefore, he is entitled to correction of his DD Form 214 to show this decoration.
ARMY | BCMR | CY2011 | 20110003943
The applicant states that he was only awarded one award of the Purple Heart and he should have been awarded two awards. He had served 2 years, 11 months, and 11 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Purple Heart, the Army Commendation Medal, and the Vietnam Campaign Medal. As a result, the Board recommends that all Department of the Army records of the...