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 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. 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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120012030
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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