IN THE CASE OF:
BOARD DATE: 3 March 2015
DOCKET NUMBER: AR20140012491
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 following:
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Bronze Star Medal (BSM)
* Combat Infantryman Badge (CIB)
* Army Commendation Medal (ARCOM)
* Air Medal (AM)
2. The applicant states all medals and awards should be listed in on the DD Form 214 upon separation. He spent 11 months in Vietnam and earned the medals listed above and they should be listed on his DD Form 214.
3. The applicant provides orders and his 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. On 10 December 1968, the applicant was inducted into the Army of the United States. After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).
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 RVN beginning on 16 May 1969.
b. Item 38 (Record of Assignments) shows that during the period 3 June 1969 to 6 April 1970 he served as a rifleman with 2nd Battalion (Airmobile), 502nd Infantry in the RVN.
c. Item 41 (Awards and Decorations) shows the following:
* National Defense Service Medal (NDSM)
* VSM
* ARCOM
* CIB
* AM
* RVN Campaign Medal with Device (1960)
* Overseas Service Bars (2)
4. Headquarters, 101st Airborne Division (Airmobile), issued the following orders announcing awards given to the applicant:
* General Orders (GO) Number 13680, dated 12 November 1969, awarded him the ARCOM
* Special Orders Number 353, dated 19 December 1969, awarded him the CIB
* GO Number 2090, dated 25 February 1970, awarded him the AM
* GO Number 3705, dated 1 April 1970, awarded him the BSM
5. On 10 March 1971, he was honorably retired from active duty. The DD Form 214 issued at that time shows he was awarded or authorized the NDSM.
6. Army Regulation 600-8-22 (Military Awards) provides for award of the VSM. Appendix B shows the campaigns for Vietnam. During his tour in Vietnam he participated in three campaigns: the Tet 69/Counteroffensive, Vietnam Summer - Fall 1969, and Vietnam Winter Spring 1970. This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows the 2nd Battalion (Airmobile), 502nd Infantry was awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970.
8. Department of the Army Pamphlet 672-3 also shows the applicant is entitled to award of the RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. Orders awarded him the ARCOM, CIB, AM and BSM. He is entitled to correction of his DD Form 214 to show these awards.
2. Records show he was awarded the VSM and he participated in three campaigns. Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on his previously-awarded VSM.
3. Records show he was awarded the RVN Campaign Medal with Device (1960). Therefore he is entitled to correction of his DD Form 214 to show this award.
4. He served with the 2nd Battalion (Airmobile), 502nd Infantry during the period for which the unit was awarded the RVN Civil Actions Honor Medal First Class Unit Citation. He is entitled to correction of his DD Form 214 to show this unit award.
5. General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation during his assignment to that unit. Therefore, he is entitled to correction of his DD Form 214 to show this unit award.
BOARD VOTE:
___x_____ __x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 adding the following awards to his DD Form 214:
* ARCOM
* CIB
* AM
* BSM
* VSM with three bronze service stars
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
__________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) AR20140012491
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ABCMR Record of Proceedings (cont) AR20140012491
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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