IN THE CASE OF:
BOARD DATE: 4 September 2014
DOCKET NUMBER: AR20140001345
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 that his DD Form 214 be corrected to show award of the Combat Infantryman Badge (CIB), Army Commendation Medal (ARCOM) with V Device and 1 Oak Leaf Cluster (1OLC), Air Medal, and any other awards he may be entitled to.
2. The applicant states his records reflect the above awards but they were not included on his DD Form 214.
3. The applicant provides copies of his DA Form 20 (Enlisted Qualification Record and 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 inducted on 17 April 1969. He completed his one-station unit training as an infantryman at Fort Lewis, Washington and was transferred to Fort Benning, Georgia to undergo Vietnam training.
3. On 20 November 1969, he was transferred to Vietnam for assignment to the 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division. He served in three campaigns and departed Vietnam on 24 November 1970. He was transferred to Oakland Army Base, California where he was honorably released from active duty (REFRAD) on 25 November 1970 as an overseas returnee. He had served 1 year, 6 months, and 9 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal.
4. A review of his official records show orders were issued for the CIB, ARCOM with V Device and 1OLC, and the Air Medal.
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the applicant's unit was awarded the Presidential Unit Citation (PUC), Valorous Unit Award (VUA), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. In this case it is the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the CIB, ARCOM with V Device and 1OLC, and the Air Medal and he is entitled to have those awards added to his DD Form 214.
2. The applicant served in three campaigns in Vietnam and he is entitled to wear three bronze service stars on his already awarded Vietnam Service Medal and have them added to his DD Form 214.
3. Additionally, his unit in Vietnam was cited for award of the PUC, VUA, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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:
a. Deleting the Vietnam Service Medal from his DD Form 214; and
b. Adding the Vietnam Service Medal with three bronze service stars, CIB, ARCOM with V Device and 1OLC, Air Medal, PUC, VUA, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ __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) AR20140001345
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ABCMR Record of Proceedings (cont) AR20140001345
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