Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120012030
Original file (20120012030.txt) Auto-classification: Approved

		
		BOARD DATE:	17 January 2013  

		DOCKET NUMBER:  AR20120012030 


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 all authorized awards.  He also requests that he be provided the citations that accompanied his Bronze Star Medal and Army Commendation Medal.

2.  He states he is entitled to the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation and possibly bronze service stars for his Vietnam Service Medal.

3.  He 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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  Citations for the applicant's Bronze Star Medal and Army Commendation Medal are not contained in the available record.  Therefore, this portion of his request will not be further addressed in this Record of Proceedings.

3.  The applicant enlisted in the Regular Army on 17 January 1967.  He was awarded military occupational specialty 94B (Cook).

4.  His DA Form 20 (Enlisted Qualification Record) in item 31 (Foreign Service) shows he served in Vietnam from 20 August 1968 through 18 August 1969.  Item 38 (Record of Assignments) shows during this period of service he performed duties as a cook while he was assigned to:

* Headquarters and Headquarters Company, 1st Brigade, 101st Air Cavalry, during the period 3 to 17 September 1968
* Headquarters and Headquarters Company, 2nd Battalion, 502nd Infantry (Airmobile), during the period 18 September 1968 to 18 August 1969

5.  On 18 April 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 3 years of total active service.  The DD Form 214 he was issued at the time shows he was authorized or awarded the:

* National Defense Service Medal
* Bronze Star Medal
* Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)

6.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States serving in Vietnam after 3 July 1965 through 28 March 1973.  It states 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 the following four campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
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 Headquarters and Headquarters Company, 1st Brigade, 101st Airborne Division, was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970.

8.  Department of the Army General Orders Number 8, dated 1974, awarded the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant participated in four campaigns during his service in Vietnam, which entitles him to four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

2.  His unit in Vietnam was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

3.  All units in Vietnam were cited for award of the RVN Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

BOARD VOTE:

____X_  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation




      _______ _ 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)                                         AR20120012030



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120012030



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120021319

    Original file (20120021319.txt) Auto-classification: Approved

    The applicant requests correction of his military service records to show award of the Vietnam Service Medal and the Republic of Vietnam (RVN) Campaign Medal with Device (1960). Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2009 | 20090021223

    Original file (20090021223.txt) Auto-classification: Approved

    The Army Good Conduct Medal is awarded after 1 year of service and he completed almost 4 years. Therefore, he is entitled to award of the Good Conduct Medal (first award) for the period 21 August 1967 through 20 August 1970 and correction of his DD Form 214 to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 24 of his DD Form 214 for the period ending 22 June 1971 the Vietnam...

  • ARMY | BCMR | CY2004 | 20040009937C070208

    Original file (20040009937C070208.doc) Auto-classification: Approved

    Linda M. Barker | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. His DD Form 214 lists his awards as the National Defense Service Medal, the Vietnam Service Medal and the Vietnam Campaign Medal with "1960" Device. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by, showing that, in addition to the awards currently shown on his DD Form 214, the applicant is...

  • ARMY | BCMR | CY2011 | 20110019091

    Original file (20110019091.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show the Combat Infantryman Badge. His DA Form 66 shows in: a. item 18 (Record of Assignments) he served with the Military Assistance Command – Vietnam (MACV) in the Republic of Vietnam (RVN) as an advisor to the 5th Division, Costal Zone III, from 18 April 1968 to 9 April 1969; b. item 21 (Awards and Decorations) the: * Basic Missileman Badge * National Defense Service Medal * Vietnam Service Medal *...

  • ARMY | BCMR | CY2010 | 20100029253

    Original file (20100029253.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Purple Heart. The applicant states he received a Purple Heart for being wounded in 1969. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to add the Purple Heart, the RVN Civil Actions Honor Medal First Class Unit Citation, the RVN Gallantry Cross with Palm Unit...

  • ARMY | BCMR | CY2013 | 20130019604

    Original file (20130019604.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Vietnam Service Medal (VSM). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (1st Award) for the period 29 May 1968 through 5 August 1969 and b. adding the following awards...

  • ARMY | BCMR | CY2010 | 20100028757

    Original file (20100028757.txt) Auto-classification: Approved

    Department of the Army Pamphlet 672-3, paragraph 6d states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973. Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal for the period 19 January 1966 through 17 January 1969 and to correct his DD Form 214...

  • ARMY | BCMR | CY2010 | 20100000509

    Original file (20100000509.txt) Auto-classification: Approved

    The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 29 (Qualification in Arms) that he qualified Marksman with the M-16 rifle on 29 December 1966; b. item 31 (Foreign Service) that he served in the Republic of Vietnam (RVN) from 16 February 1967 through 7 April 1969; c. item 38 (Record of Assignments) that he was assigned to: (1) Signal Company, 5th Special Forces Group (Airborne), 1st Special Forces, from 21 February through 7 May 1967; (2) Headquarters and...

  • ARMY | BCMR | CY2002 | 2002081738C070215

    Original file (2002081738C070215.rtf) Auto-classification: Approved

    The applicant’s DA Form 20 (Enlisted Qualification Record) for his period of service, 17 May 1966 to 26 March 1968, shows no information in Item 40 (Wounds) and Item 41 (Awards and Decorations) does not list either the Purple Heart or the CIB. Therefore, as a result, the Board determined that he should be awarded the CIB and his records should be corrected to show this badge. Further, that his DD Form 214, dated 24 August 1970, be corrected to show the above awards plus the GCMDL one...

  • ARMY | BCMR | CY2009 | 20090018803

    Original file (20090018803.txt) Auto-classification: Approved

    In this case it would be appropriate and in the interest of equity and justice to accept his statement that he was checked by the medic and to conclude his injuries met the requirement for award of the Purple Heart and to correct his DD Form 214 accordingly. The evidence confirms the applicant participated in 10 designated campaign phases during his two tours of duty in the RVN and as such he is entitled to two silver service stars for wear on his already-awarded Vietnam Service Medal. As...