BOARD DATE: 16 September 2014
DOCKET NUMBER: AR20140002410
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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show all of his authorized awards and decorations.
2. The applicant states that his DD Form 214 does not reflect all of his awards.
3. The applicant provides copies of his DD Form 214 and orders awarding him the ARCOM one oak leaf cluster, and the Air Medal.
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 26 March 1969. He completed his one-station unit training as an infantryman at Fort Dix, New Jersey and was transferred to Vietnam on 21 August 1969 for assignment to Company B, 3rd Battalion, 7th Infantry Regiment.
3. He was promoted to the rank of sergeant on 10 June 1970, served in four campaigns, and departed Vietnam on 27 October 1970. He was honorably released from active duty (REFRAD) on 28 October 1970 as an overseas returnee. His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal (ARCOM), Bronze Star Medal (BSM), Combat Infantryman Badge, and Good Conduct Medal.
4. A review of his official records shows that he was awarded the BSM with V Device and one oak leaf cluster in General Orders Number 3987 issued by Headquarters, United States Army Vietnam on 27 August 1970. He was also awarded the ARCOM one oak leaf cluster 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 applicants unit was awarded the 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 BSM with V Device and one oak leaf cluster, ARCOM with one oak leaf cluster, and the Air Medal and is entitled to have them entered on his DD Form 214.
2. The applicant served in four campaigns and is entitled to wear four bronze service stars on his already-awarded Vietnam Service Medal and have them added to his DD Form 214.
3. Additionally, his unit was awarded the 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 and he is entitled to have those awards 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:
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:
* Deleting the awards of the Vietnam Service Medal, Army Commendation Medal, and Bronze Star Medal from his DD Form 214
* Adding the awards of the Vietnam Service Medal with four bronze service stars, Army Commendation Medal one oak leaf cluster, BSM with V Device and one oak leaf cluster, Air Medal, 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 that 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) AR20140002410
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ABCMR Record of Proceedings (cont) AR20140002410
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