IN THE CASE OF:
BOARD DATE: 10 February 2015
DOCKET NUMBER: AR20140009106
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) for the period ending 5 June 1971 to show award of the Air Medal, Bronze Star Medal (BSM), and Army Commendation Medal (ARCOM).
2. The applicant states he wants his DD Form 214 to reflect his full service record.
3. The applicant provides:
* DD Form 214
* Air Medal and BSM Certificate, Citation, and orders
* award certificate for the ARCOM for meritorious service during the period October 1969 to March 1970
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. Having prior active enlisted service in the Regular Army, the applicant was commissioned as a second lieutenant in the U.S. Army Reserve on 30 September 1966. He was ordered to active duty on 24 July 1969.
3. Headquarters, 24th Infantry Division, General Orders Number 106, dated 20 March 1970, show he was awarded the ARCOM for meritorious service during the period October 1969 to March 1970.
4. He arrived in Vietnam on 19 August 1970. He served as a senior advisor assigned to Advisory Team 44 in Vietnam from 16 September 1970 to 29 May 1971. Records show he participated in one campaign during his service in Vietnam.
5. Headquarters, U.S. Military Assistance Command, Vietnam, General Orders Number 2212, dated 25 May 1971, show he was awarded the BSM.
6. Headquarters, U.S. Military Assistance Command, Vietnam, General Orders Number 2362, dated 10 June 1971, show he was awarded the Air Medal.
7. On 5 June 1971, he was released from active duty.
8. His DD Form 214 for the period ending 5 June 1971 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* ARCOM
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
* four overseas service bars
9. Since the ARCOM is shown on the applicant's DD Form 214, this portion of his request will not be discussed further in these proceedings.
10. Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
11. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, including the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. General orders show the applicant was awarded the Air Medal and BSM. Therefore, his DD Form 214 for the period ending 5 June 1971 should be corrected to show these medals.
2. He participated in one campaign during his service in Vietnam which entitles him to one bronze service star with his Vietnam Service Medal. Therefore, his DD Form 214 for the period ending 5 June 1971 should be corrected to show this bronze service star.
3. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 for the period ending 5 June 1971 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 the evidence presented is 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:
a. deleting from his DD Form 214 for the period ending 5 June 1971 the Vietnam Service Medal and
b. adding to his DD Form 214 for the period ending 5 June 1971 the following awards:
* Bronze Star Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm 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) AR20140009106
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ABCMR Record of Proceedings (cont) AR20140009106
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