BOARD DATE: 25 September 2014
DOCKET NUMBER: AR20140002646
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 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect all of his authorized awards.
2. The applicant states, in effect, that he would like his DD Form 214 to show what he earned while serving his country.
3. The applicant provides a one-page letter explaining his application and copies of his DD Form 214, Good Conduct Medal orders, and orders pertaining to awards earned by his unit.
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 into the Army of the United States on
28 September 1966. He completed basic training at Fort Hood, Texas and advanced individual training as a radio operator at Fort Jackson, South Carolina and Fort Hood, Texas before being transferred to Vietnam on 28 December 1967.
3. On 2 January 1968, he was assigned to Headquarters and Headquarters Detachment, 9th Aviation Battalion for duty as a radio operator in Vietnam. On 20 September 1968, he departed Vietnam and was transferred to Fort Dix, New Jersey where he was honorably released from active duty (REFRAD) on
23 September 1868 as an overseas returnee. He had served 1 year, 11 months, and 24 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal (VNSM), Vietnam Campaign Medal, and the Air Medal.
4. A review of the applicant's official records shows that he served in four campaigns and he was awarded the Good Conduct Medal (AGCM) and Aircraft Crewman Badge.
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 9th Aviation Battalion was awarded the Meritorious Unit Commendation (MUC), 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 AGCM and the Aircraft Crewman Badge and is entitled to have those awards added to his DD Form 214.
2. The applicant served in four campaigns in Vietnam and thus is entitled to wear four bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214.
3. Additionally, his unit was awarded the MUC, 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 VNSM from his DD Form 214
* Adding the Vietnam Service Medal with four bronze service stars, AGCM, Aircraft Crewman Badge, MUC, 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) AR20140002646
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ABCMR Record of Proceedings (cont) AR20140002646
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