IN THE CASE OF:
BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130019901
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 (Record of Transfer or Discharge) by adding the Meritorious Unit Commendation and four bronze service stars to his already-awarded Vietnam Service Medal.
2. The applicant states he was assigned to Company B, 37th Signal Company and to Headquarters and Headquarters Company (HHC), 63d Signal Battalion.
3. The applicant provides copies of item 38 (Record of Assignments) from his DA Form 20 (Enlisted Qualification Record), a list of his assignments in Vietnam, Department of the Army General Orders (DAGO) Number 280 of 1971, a list of the designated campaign periods for Vietnam, and 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 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 28 February 1969, the applicant enlisted in the Regular Army.
3. His DA Form 20 shows:
* assignment to Company B, 37th Signal Company from 25 October 1969 through 28 February 1970
* assignment to 63d Signal Company (Separate) from 1 March 1970 to 28 September 1970
* assignment to HHC, 63d Signal Battalion from 29 September 1970 through 5 April 1971
4. His DD Form 214 shows he was awarded the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
5. On 6 April 1971, he returned to the United States, and he was stationed at Fort Dix, NJ. On 24 January 1972, he was released from active duty.
6. He submitted DAGO Number 280 dated 26 January 1971 that shows B Company, 37th Signal Company was awarded the Meritorious Unit Commendation 1st oak leaf cluster OLC. (He was not assigned to the unit when it was awarded its first Meritorious Unit Commendation (25 March through 25 September 1968.)
7. Army Regulation 600-8-22 (Military Awards) states 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 awarded for participation in each campaign. The following four designated campaign periods coincide with the applicant's tour of duty in Vietnam:
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
8. DAGO Number 8 dated 1974 awarded the RVN Gallantry Cross with Palm Unit Citation to the U.S. Army, Vietnam and all subordinate units for the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The applicant's Vietnam units were awarded the Meritorious Unit Commendation and the RVN Gallantry Cross with Palm Unit Citation.
2. He served in Vietnam during four designated campaign periods and is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal. Therefore, his DD Form 214 should be corrected to show these bronze service stars.
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 deleting from his DD Form 214 the Vietnam Service Medal and adding to his DD Form 214 the:
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
* four bronze service stars for wear on his Vietnam Service 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.
ABCMR Record of Proceedings (cont) AR20130019901
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130019901
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110003925
General orders (GO) issued by Headquarters, 1st Signal Brigade, USASTRATCOM, awarded the applicant the following: * Bronze Star Medal for meritorious service in the RVN from 6 August 1968 to 31 May 1969 by GO Number 1304, dated 18 June 1969 * Army Commendation Medal for meritorious achievement in the RVN from 22 September to 13 November 1969 by GO Number 214, dated 23 January 1970 * Bronze Star Medal with 1st Oak Leaf Cluster [2nd Award] for meritorious service in the RVN from 1 June 1969 to...
ARMY | BCMR | CY2009 | 20090021511
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. Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his DD Form 214 by...
ARMY | BCMR | CY2008 | 20080016207
The applicant requests, in effect, correction of his records to show an appropriate award for his combat service in the Republic of Vietnam (RVN). There are no orders in the applicants military personnel records that show he was awarded an individual military decoration during the period of service under review. Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.
ARMY | BCMR | CY2011 | 20110012786
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows the: * National Defense Service Medal * Vietnam Service Medal * RVN Vietnam Campaign Medal with Device (1960) * Air Medal * Army Commendation Medal 5. The evidence of record shows the applicant was awarded an infantry MOS and he was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the RVN. As a...
ARMY | BCMR | CY2010 | 20100020128
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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his DD Form 214 by deleting the VSM and Vietnam Campaign Medal entries and replacing them with the VSM...
ARMY | BCMR | CY2014 | 20140010772
A review of the applicant's military personnel record failed to reveal any orders or other evidence that shows he was awarded the CMB. During this period, he received campaign participation credit for three campaigns, he received two awards of the ARCOM (i.e., one for meritorious achievement and one for meritorious service), his unit was awarded the Valorous Unit Award, and he was recognized by the brigade commander for his combat service in armed conflict against insurgent forces in the...
ARMY | BCMR | CY2011 | 20110018543
His DA Form 20 (Enlisted Qualification Record) shows in: * item 38 (Record of Assignments), he was assigned to the 8th Signal Detachment on 7 July 1969 (redesignated as the 317th Maintenance Company on 1 December 1969) to 21 June 1970 * item 38, he received all "excellent" conduct and efficiency ratings through his service * item 41 (Awards and Decorations) the: * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device...
ARMY | BCMR | CY2010 | 20100011011
Application for correction of military records (with supporting documents provided, if any). Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his initial DD Form 214 for the period 7 September 1966 to 28 June 1968 lists the following awards: * National Defense Service Medal * Vietnam Campaign Medal * Vietnam Service Medal (VSM) 8. Records show he was awarded the National Defense Service Medal, but it is not listed on his last DD...
ARMY | BCMR | CY2010 | 20100011261
The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his authorized awards include the Air Medal with "V" Device and oak leaf clusters. However, there is no available evidence that the applicant was awarded the Air Medal with "V" Device. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the awards currently shown on his DD Form 214...
ARMY | BCMR | CY2010 | 20100022917
The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Army Commendation Medal (2nd Award) with "V" Device. 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. As a result, the Board recommends...