IN THE CASE OF:
BOARD DATE: 2 May 2013
DOCKET NUMBER: AR20120018022
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 records be corrected to reflect all of his authorized awards.
2. The applicant states that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect all of his authorized awards.
3. The applicant provides a copy of 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 enlisted in the Regular Army on 2 February 1967 for a period of 3 years. He completed his basic training at Fort Jackson, South Carolina and his advanced individual training as a movements specialist at Fort Dix, New Jersey and was transferred to Vietnam on 26 August 1967 for assignment to the 504th Field Depot. He departed Vietnam on 25 August 1968 for assignment to Fort Benning, Georgia.
3. He was again transferred to Vietnam on 26 March 1969 and was assigned to the U.S. Army Depot at Cam Ranh Bay. He departed Vietnam on 24 January 1970 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) as an overseas returnee that date. He had served 2 years, 11 months, and 23 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, Vietnam Service Medal, Vietnam Campaign Medal, and his marksmanship badge.
4. A review of his official records shows that he served in seven campaigns during his two tours in Vietnam. However, his record is void of any orders awarding him any individual awards.
5. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A silver service star is worn in lieu of five bronze service stars.
6. 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 that one of the applicants units was awarded the Meritorious Unit Commendation (MUC) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in seven campaigns while in Vietnam and thus is entitled to wear one silver and two bronze service stars on his already awarded Vietnam Service Medal and to have them reflected on his DD Form 214.
2. One of his units was awarded the MUC and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served and 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:
1. 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 award of the Vietnam Service Medal from his DD Form 214
* Adding the awards of the Vietnam Service Medal with one silver and two bronze service stars, the MUC, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ __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) AR20120018022
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120018022
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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