IN THE CASE OF:
BOARD DATE: 20 August 2013
DOCKET NUMBER: AR20130000896
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 award of the Air Medal with "V" Device and Republic of Vietnam Gallantry Cross with Bronze Star.
2. The applicant states he was awarded the aforementioned medals, but they were not listed on his DD Form 214.
3. The applicant provides:
* General Order Number 26, dated 19 September 1970
* General Orders Number 6501, dated 5 November 1970
* Air Medal with "V" Device Certificate, dated 5 November 1970
* authorization for individual Republic of Vietnam Gallantry Cross with Bronze Star, dated 24 May 1971
* 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. Having prior enlisted service, the applicant was appointed as a second lieutenant in the U.S. Army Reserve (USAR) on 20 December 1968 with concurrent call to active duty. He completed training and was awarded specialty 9300 (Military Intelligence Officer).
3. He served in Vietnam from 28 June 1969 through 6 December 1970, during four campaigns, and was assigned to the following units from:
* 1 July 1969 to 4 August 1970 U.S. Military Assistance Command-Vietnam (MACV)
* 5 August to 5 December 1970 Civil Operations and Rural Development Support, IV Corps and Military Region 4
4. General Orders Number 6501 issued by Headquarters, MACV, dated 5 November 1970, awarded him the Air Medal with "V" Device for heroism while participating in aerial flight in Vietnam on 9 December 1969.
5. He was honorably released from active duty on 7 December 1970. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Purple Heart
* Bronze Star Medal
* Vietnam Service Medal
* two overseas service bars
* Republic of Vietnam Campaign Medal
6. He provides a memorandum from Headquarters, MACV, dated 24 May 1971, authorizing him award of the Republic of Vietnam Gallantry Cross with Bronze Star.
7. Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for award of the Vietnam Service Medal. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.
8. 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 MACV was cited for award of the Meritorious Unit Commendation for the period 1 November 1968 through 30 June 1970 in Department of the Army General Orders Number 51, dated 1971.
9. Department of the Army General Orders Number 8, dated 1974, authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to Headquarters, MACV, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. General orders awarded the applicant the Air Medal with "V" Device for heroism while participating in aerial flight in Vietnam on 9 December 1969. Therefore, his DD Form 214 should be corrected to show this award.
2. The evidence of record shows he was awarded the Republic of Vietnam Gallantry Cross with Bronze Star. Therefore, his DD Form 214 should be corrected to show this award.
3. General orders also awarded MACV the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
4. He participated in four campaigns during his period of service in Vietnam. Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.
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 is 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 Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214
* Air Medal with "V" Device
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Bronze Star
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm 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) AR20130000896
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130000896
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140015052
Item 17 (Foreign Service) he began his service in Vietnam on 6 July 1968; c. Item 18 (Record of Assignments) he was assigned in Vietnam to: * 1st Battalion, 501st Infantry from 17 July 1968 through 28 October 1968 * MACV from 29 October 1968 through 9 June 1969 d. Item 21 (Awards and Decorations) he was awarded the: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * two Overseas Bars e. Item 23...
ARMY | BCMR | CY2011 | 20110019091
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 | CY2013 | 20130014161
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his authorized awards, including the: * Bronze Star Medal (BSM) with "V" Device * Air Medal (AM) * Meritorious Service Medal (MSM) * Republic of Vietnam (RVN) Gallantry Cross with Silver Star * RVN Armed Forces Honor Medal First Class * Combat Infantryman Badge (CIB) 2. A DD Form 214 shows he was honorably discharged on 2 June 1968 to accept a commission. ...
ARMY | BCMR | CY2013 | 20130005324
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: a. award of the Bronze Star Medal with "V" Device and Army Good Conduct Medal; b. he completed the Military Assistance Command Vietnam (MACV) Recondo School and Airborne Course; and c. his social security number (SSN) as "XXX-XX-0496." The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 to show...
ARMY | BCMR | CY2013 | 20130022113
The applicant requests that his awards of the Purple Heart and Army Commendation Medal (ARCOM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). The applicant served in three campaigns in Vietnam and is entitled to wear three bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2011 | 20110022728
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 to show the award of two Meritorious Unit Commendations, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to be issued the corresponding medals. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2003 | 2003086594C070212
The applicant states, in effect, that he was awarded the Bronze Star Medal with "V" Device in Vietnam on 14 November 1970 while he was assigned to MACV (United States Military Assistance Command, Vietnam). Army Regulation 670-1, in effect at the time, governed the requirements for the overseas service bar. b. awarding the applicant the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, three bronze service stars to be affixed to his...
ARMY | BCMR | CY2010 | 20100030351
Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. Army Regulation 600-8-22 states the Vietnam Service Medal...
ARMY | BCMR | CY2013 | 20130001364
His record contains a DA Form 66 (Officer Qualification Record) that shows in: * item 17 (Foreign Service) he was credited with service in Vietnam from 20 October 1970 to 23 August 1971 * item 18 (Record of Assignments) he was assigned to Advisory Team 91, U.S. Military Assistance Command Vietnam (MACV), from 10 November 1970 through 23 August 1971 * item 23 (Qualification in Arms) he qualified as a Sharpshooter with the M-16 rifle 5. His DD Form 214 shows he was authorized or awarded...
ARMY | BCMR | CY2013 | 20130012591
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the: * Combat Infantryman Badge * Bronze Star Medal * Air Medal * All foreign awards 2. He was awarded the Vietnam Service Medal. 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 for the period ending 6 July 1970 the Vietnam Service Medal and adding the: * Combat...