BOARD DATE: 28 August 2014
DOCKET NUMBER: AR20140000947
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 all of his authorized awards.
2. The applicant states all of his authorized awards are not listed on his
DD Form 214.
3. The applicant provides a copy of 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. The applicant was appointed as a Signal Corps second lieutenant in the U.S. Army Reserve on 2 June 1968. He was ordered to active duty on
28 January 1969. He was promoted to captain (CPT)/0-3 in the Army of the United States on 22 January 1971.
3. His DA Form 66 (Officer Qualification Record) shows in:
a. item 18 (Record of Assignments) he was assigned to Headquarters and Headquarters Detachment, 12th Signal Group, in Vietnam, from 25 March 1971 through 24 February 1972;
b. item 21 (Awards and Decorations) the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* one Overseas Service Bar
c. item 23 (Qualification in Arms) he qualified for the Expert Marksmanship Qualification Badge with Rifle Bar.
4. He was honorably released from active duty on 29 February 1972, in the rank of CPT/O-3. He had completed 3 years, 1 month, and 8 days of creditable active duty service during the period covered by his DD Form 214. It lists his authorized awards as the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
5. His records contain general orders showing he was awarded the Army Commendation Medal for meritorious achievement for the period 20 March to
20 September 1971.
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. During his service in Vietnam, the applicant participated in the following two campaigns:
* Counteroffensive Phase VII 1 July 1970 - 30 June 1971
* Consolidation I 1 July - 30 November 1971
7. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. General orders show he was awarded the Army Commendation Medal.
2. Records show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.
3. He participated in two campaign periods during his service in the Vietnam. Therefore, he is authorized two bronze service stars for wear on his already-awarded Vietnam Service Medal.
4. During the applicant's service in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
5. His DD Form 214 should be corrected to show the above 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:
* Army Commendation Medal
* two bronze service stars for wear on his already-awarded Vietnam Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar
____________ 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) AR20100025029
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ABCMR Record of Proceedings (cont) AR20140000947
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