BOARD DATE: 27 February 2014
DOCKET NUMBER: AR20130011515
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 the Vietnam Service Medal.
2. The applicant states, in effect, he served in the Republic of Vietnam during the period 1 March through 31 December 1969.
3. The applicant provides his Bronze Star Medal certificate.
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. The applicant was inducted into the Army of the United States on
9 September 1968.
3. He separated on temporary records. His temporary DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from around February 1969 to around February 1970).
4. On 19 November 1971, he was discharged.
5. His DD Form 214 shows the National Defense Service Medal.
6. His record contains General Orders Number 854, issued by Headquarters, 101st Airborne Division (Airmobile), dated 2 February 1970. These orders awarded him the Bronze Star Medal for the period 1 March to 31 December 1969 while assigned to Battery B, 1st Battalion, 321st Field Artillery, 101st Airborne Division (Airmobile), Vietnam.
7. His name is not listed on the Vietnam Casualty roster.
8. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any additional awards pertaining to the applicant.
9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. 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. A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. During his service in the Vietnam he participated in the following three campaigns:
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June - 31 October 1969
* Vietnam Winter-Spring (1 November 1969 - 30 April 1970)
b. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of
the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more.
10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit in Vietnam was cited for the award of the:
a. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 August 1968 to 14 May 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1970.
b. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by DAGO Number 48, dated 1971.
DISCUSSION AND CONCLUSIONS:
1. His record shows:
a. General orders awarded him the Bronze Star Medal.
b. He served in Vietnam around February 1969 to February 1970, a qualifying period of service for the award of the Vietnam Service Medal. He also participated in three campaigns during this period of service that entitles him to three bronze service stars for wear on this service medal.
c. He also served during a qualifying period of service in Vietnam for the award of the Republic of Vietnam Campaign Medal with Device (1960).
d. His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service.
3. In view of the above, his DD Form 214 should be corrected to add these awards.
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 adding to his DD Form 214 the:
* Bronze Star Medal
* Vietnam Service Medal with three bronze service stars
* 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
_______ _ 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) AR20130011515
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