BOARD DATE: 12 September 2013
DOCKET NUMBER: AR20130002154
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 the following awards be issued to him and added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 10 August 1968:
* Army Commendation Medal
* Army Good Conduct Medal
2. The applicant states he was awarded these medals during his military service.
3. The applicant provides:
* orders for the award of the Army Good Conduct Medal
* a citation for the award of the Army Commendation Medal
* a certificate for the award of the Army Commendation Medal
* a letter, dated 10 September 2012, from the National Personnel Records Center (NPRC), St. Louis, MO
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3Â 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. On 12 October 1966, he was inducted into the Army of the United States.
3. He was assigned to the 15th Engineer Battalion, 9th Infantry Division in the Republic of Vietnam from 24 August 1967 to on or about 10 August 1968. Headquarters, 9th Infantry Division issued the following orders:
* General Orders Number 6220, dated 30 July 1968, awarding the applicant the Army Good Conduct Medal (First Award) for service from 12 October 1966 to 14 August 1968
* General Orders Number 6255, dated 31 July 1968, awarding the applicant the Army Commendation Medal for meritorious service from 15 August 1967 to 31 July 1968
4. On 10 August 1968, he was released from active duty. His DD Form 214 shows he was awarded the:
* National Defense Service Medal
* Vietnam Service Medal
5. On 6 February 2012, a DD Form 215 (Correction to DD Form 214) was issued adding the:
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Combat Medical Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 of this regulation. Authorized service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.
b. Based on his dates of service in Vietnam, Table B-1 (Campaigns, Service Requirement, and Inscriptions Prescribed for Streamers) shows he served in the:
* Vietnam Counteroffensive, Phase III Campaign (1 June 1967 -
29 January 1968)
* Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV Campaign (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phase V Campaign (1 July 1968 -
1 November 1968)
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant was awarded the Army Commendation Medal and the Army Good Conduct Medal (First Award). Therefore, these awards should be added to his DD Form 214 and issued to him.
2. He participated in four campaigns during his service in Vietnam. Therefore, he is authorized four bronze service stars to be worn on his Vietnam Service Medal.
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 amending his DD Form 214 with an effective date of 10 August 1968 by deleting the Vietnam Service Medal and adding the:
* Army Commendation Medal
* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with four bronze service stars
2. The Board also recommends he be issued the medal sets for the:
* Army Commendation Medal
* Army Good Conduct Medal
_______ _ 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.
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