IN THE CASE OF:
BOARD DATE: 10 April 2014
DOCKET NUMBER: AR20130013864
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 Army Commendation Medal (ARCOM) with "V" Device and the Bronze Star Medal (BSM).
2. He states general orders verify he was awarded these awards.
3. He provides:
* DD Form 214
* General Orders Number 972, dated 10 June 1971
* General Orders Number 952, dated 8 June 1971 with BSM Citation
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. After serving as an enlisted Soldier in the U.S. Army Reserve, on 5 June 1968, he was appointed as a second lieutenant in the Army of the United States. He was ordered to active duty on 24 June 1969. He served in the Republic of Vietnam (RVN) from 16 June 1970 to 13 May 1971 and was assigned to both Battery A and C, 2d Battalion, 94th Artillery Regiment. He was honorably released from active duty on 16 May 1971 and credited with completing 1 year, 10 months, and 23 days of total active service this period.
3. His DD Form 214 shows he was awarded the National Defense Service Medal.
4. Headquarters, XXIV Corps, General Orders Number 972, dated 10 June 1971, provided by the applicant and also contained in his records, show he was awarded the ARCOM with "V" Device in the RVN for meritorious service during the period 15 March 1971 to 17 March 1971.
5. Headquarters, XXIV Corps, General Orders Number 952, dated 8 June 1971 with citation, provided by the applicant, show he was awarded the BSM in the RVN for meritorious service during the period 18 February 1971 to 18 March 1971.
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal (VSM). This 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.
7. Appendix B of Army Regulation 600-8-22 states a bronze service star is awarded for wear on the VSM for participation in each campaign. His records indicate he participated in the following campaigns:
* Sanctuary Counteroffensive (1 May1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
8. Army Regulation 600-8-22 provides for award of the RVN Campaign Medal with Device (1960). This medal was awarded by the Government of the RVN to all members of the Armed Forces of the United States for qualifying service in RVN during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in the RVN for 6 months or more. Individuals who served less than 6 months and were wounded by hostile forces are entitled to award of the RVN Campaign Medal with Device (1960).
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War. This pamphlet shows 2d Battalion, 94th Artillery Regiment was cited for the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 6, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. General orders verify he was awarded the BSM and the ARCOM with "V" Device for his service in the RVN. Therefore, he is entitled to correction of his
DD Form 214 to show these awards.
2. The evidence of record shows he served in the RVN from 16 June 1970 to
13 May 1971. Therefore, he served a period of qualifying service for award of the VSM. His record also shows that he participated in two campaigns during his service in Vietnam. Therefore, he is entitled to correction of his records to show two bronze service stars to be worn on his VSM.
3. Since his service in the RVN was for more than 6 months (16 June 1970 to
13 May 1971), he is also authorized the RVN Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award.
4. Evidence of record shows he is entitled to the RVN Gallantry Cross with Palm Unit Citation. Therefore, his records 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 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 adding to his DD Form 214 the:
* Bronze Star Medal
* Army Commendation Medal with "V" Device
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
______ _ _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) AR20130013864
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ABCMR Record of Proceedings (cont) AR20130013864
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