IN THE CASE OF:
BOARD DATE: 24 July 2014
DOCKET NUMBER: AR20130021035
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 two bronze service stars for his Vietnam Service Medal.
2. The applicant states he never received the bronze service stars for the campaigns in which he participated in the Republic of Vietnam.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 18 August 1969.
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 19 August 1966, he enlisted in the Regular Army for 3 years.
3. He served in the Republic of Vietnam from 17 February to 3 December 1967. He was assigned to:
* Headquarters and Headquarters Detachment, Support Battalion,
1st Brigade, 101st Airborne Division from 26 February to 10 October 1967
* 2nd Battalion, 502nd Infantry, 1st Brigade, 101st Airborne Division from
11 October to 21 November 1967
4. On 18 August 1969, he was released from active duty. His DD Form 214 shows he is authorized the Vietnam Service Medal; however, no bronze service stars or unit awards are shown.
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that all units assigned in Vietnam from
8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.
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 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers). Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.
b. Table B-1 includes the following Vietnam campaigns:
* Vietnam Counteroffensive, Phase II Campaign (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive, Phase III Campaign (1 June 1967 -
29 January 1968)
DISCUSSION AND CONCLUSIONS:
1. He participated in two campaigns during his service in Vietnam. Therefore, he is authorized to two bronze service stars to be worn on his Vietnam Service Medal.
2. Based on his service in the Republic of Vietnam he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, this award should be added to his DD Form 214.
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 amending his DD Form 214 with an effective date of 18 August 1969 by:
a. deleting the Vietnam Service Medal;
b. adding the Vietnam Service Medal with 2 bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and
c. issuing to him the Vietnam Service Medal with 2 bronze service stars.
_______ _ _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) AR20130021035
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