IN THE CASE OF:
BOARD DATE: 4 August 2015
DOCKET NUMBER: AR20150000509
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 show the award of the Valorous Unit Award (VUA).
2. The applicant states that his unit was awarded the VUA after he had separated and it was never added to his DD Form 214.
3. The applicant provides copies of his DD Form 214 and General Orders Number 883.
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 22 July 1966 for a period of 3 years. He completed his one-station unit training as a field wireman at Fort Jackson, South Carolina and was transferred to Vietnam on 19 June 1967 for assignment to the 1st Battalion, 22nd Infantry Regiment, 4th Infantry Division.
3. On 29 March 1968, he was reclassified to the military occupational specialty of a personnel specialist, was promoted to the pay grade of E-5 and was assigned as the unit clerk.
4. He served in three campaigns before he departed Vietnam on 12 June 1968 for assignment to Fort McNair, Washington, DC where he remained until he was honorably released from active duty (REFRAD) on 9 June 1969 to attend school. He had served 2 years, 10 months and 18 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Army Commendation Medal, and the Combat Infantryman Badge.
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It shows that the applicant's unit was cited for the VUA, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in three campaigns in Vietnam and is entitled to wear three bronze service stars on his already-awarded Vietnam Service Medal and to have them added to his DD Form 214.
2. The applicants unit was awarded the VUA, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards.
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:
* Deleting the award of the VSM from item 24 of his DD Form 214
* Adding the awards of the Vietnam Service Medal with three bronze service stars, VUA, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to item 24 of his DD Form 214
_______ _ 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) AR20150000509
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