BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140004150
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 awards of the Combat Infantryman Badge (CIB), Air Medal and Army Commendation Medal with 2 Oak Leaf Clusters (2OLCs) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his awards of the CIB, Air Medal, and Army Commendation Medal with 2OLCs were omitted from his DD Form 214.
3. The applicant provides orders for awards of the CIB, Air Medal, and Army Commendation Medal with 2OLCs.
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 13 August 1969. He completed his training as a light weapons infantryman and was transferred to Vietnam on 9 January 1970. He was assigned to Headquarters and Headquarters Company, 3rd Brigade, 9th Infantry Division. He was advanced to the pay grade of E-4 on 27 February 1970.
3. The applicant participated in three campaigns and departed Vietnam on 12 August 1970 for assignment to Fort Jackson, South Carolina where he remained until he was honorably released from active duty (REFRAD) on 12 August 1971. His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam, Service Medal, Vietnam Campaign Medal, and Good Conduct Medal.
4. The orders provided by the applicant show that he was awarded the CIB, Air Medal, and Army Commendation Medal with 2OLCs.
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 CIB, Air Medal and Army Commendation Medal 2OLC in duly authenticated orders and is entitled to have those awards added to his DD Form 214.
2. The applicant served in three campaigns and is authorized to wear three bronze service stars on his already awarded Vietnam Service Medal.
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 award of the Vietnam Service Medal from his DD Form 214
* Adding the awards of the Vietnam Service Medal with three bronze service stars, CIB, Air Medal, ARCOM with 2OLCs, 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) AR20140004150
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ABCMR Record of Proceedings (cont) AR20140004150
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