IN THE CASE OF:
BOARD DATE: 3 March 2015
DOCKET NUMBER: AR20140012438
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 award of the Army Commendation Medal (ARCOM), Bronze Star Medal (BSM) and any other awards and/or medals he is entitled to.
2. The applicant states the awards were omitted from his DD Form 214.
3. The applicant does not provide any additional evidence.
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 enlisted in the Regular Army on 30 November 1967. After completing initial entry training, he was awarded military occupational specialty (MOS) 73C (Finance Specialist).
3. His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:
a. Item 31 (Foreign Service) shows he served a tour of duty in the Republic of Vietnam from 6 November 1968 through 6 November 1969.
b. Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he served with 101st Administration Company, 101st Airborne Division, from 21 November 1968 to 2 November 1969.
c. Item 41 (Awards, Decorations, and Campaigns) shows award of the following:
* Vietnam Service Medal (VSM)
* ARCOM
* BSM
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Overseas Service Bars (2)
* Army Good Conduct Medal (AGCM)
4. General Orders 6876, issued by Headquarters, 101st Airborne Division, dated 16 June 1969 awarded him the ARCOM for meritorious achievement from 1 December 1968 through 30 April 1969.
5. On 19 September 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve. The DD Form 214 issued at that time shows he was awarded or authorized the following:
* National Defense Service Medal (NDSM)
* RVN Campaign Medal with Device (1960)
* VSM
* Overseas Service Bars (2)
* AGCM
* BSM
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the VSM for each credited campaign. The Vietnam campaigns are listed in appendix B. His service in Vietnam coincided with the following four campaigns:
* Vietnam Counteroffensive Phase VI (2 November 1968 22 January 1969)
* Tet 69 Counteroffensive (22 February 1969 8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969 31 October 1969)
* Vietnam Winter-Spring (1 November 1969 30 April 1970)
7. 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 101st Administration Company was cited for the following awards:
* Meritorious Unit Commendation (MUC) for the period 1November 1968 through 30 April 1969 by Department of the Army General Orders (DAGO) Number 39, dated 1970
* RVN Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by DAGO 43, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970
DISCUSSION AND CONCLUSIONS:
1. The applicants request to have the BSM added to his DD Form was considered however, his DD Form 214 already shows award of the BSM. Therefore, there is no need for correction.
2. General Orders awarded him the ARCOM. Therefore, he is entitled to correction of his DD Form 214 to show this award.
3. Records show he was awarded the VSM and he participated in four campaigns. Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on his previously-awarded VSM.
4. He served with the 101st Administration Company during a period for which it was cited for the MUC, RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor First Class Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ____X___ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
a. deleting from his DD Form 214 the VSM; and
b. adding the following to his DD Form 214:
* ARCOM
* VSM with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* MUC
* RVN Civil Action Honor First Class Unit Citation
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the BSM.
____________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) AR20140012438
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140012438
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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