IN THE CASE OF:
BOARD DATE: 8 September 2015
DOCKET NUMBER: AR20150001400
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 any awards he is entitled to for his service.
2. The applicant states his DD Form 214 does not list all of the awards he is authorized.
3. The applicant provides a copy of 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. The applicant enlisted in the Regular Army (RA) on 4 February 1966. Upon completion of training, evidence shows he served in the Republic of Vietnam with Company B, 39th Engineer Battalion. He was honorably discharged for immediate reenlistment on 4 April 1968; however, there was no DD Form 214 for this period of service present in his official military records.
3. On 5 April 1968, he reenlisted in the RA. Evidence shows he served in the Republic of Vietnam from 29 November 1969 to 28 September 1970 with Company B, 34th Engineer Battalion (Construction) and later with Company D, 169th Engineer Battalion.
4. The applicant's record contains General Orders Number 1278, issued by Headquarters, 20th Engineer Brigade, dated 15 October 1970, which show he was awarded the Army Commendation Medal for meritorious service for the period 29 November 1969 to 28 November 1970.
5. On 23 March 1972, he was honorably released from active duty due to hardship. He completed 3 years, 11 months, and 19 days of net active service during this period. The DD Form 214 he was issued at the time shows he was awarded or authorized the:
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with 3 bronze service stars
* Army Good Conduct Medal
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M16)
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973.
7. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. General Orders Number 1278 awarded the applicant the Army Commendation Medal for meritorious service, which is not shown on his DD Form 214.
2. The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment, which is not shown on his DD Form 214.
3. The applicant served a qualifying period of service for award of the National Defense Service Medal, which is not shown on his DD Form 214.
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 to his DD Form 214 for the period ending 23 March 1972 the Army Commendation Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and National Defense Service Medal.
_____________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) AR20150001400
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ABCMR Record of Proceedings (cont) AR20150001400
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