DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 09058-09
30 August 2010
From: Chairman, Board for Correction of Naval Records
Te: Secretary of the Navy
Subj: REVIEW OF NAVAL OF RECORD Po ee
Ref: (a) LO U.S.C. T1552
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) HOMC MMMA-3 memo dtd 17 Aug 10
(4) Subject's naval record
1. Pursuant to the provisions of reference (a),
Petitioner, a former enlisted member of the United States
Marine Corps, filed enclosure (1) with this Board
requesting, in effect, that he be issued all awards and
medals he is entitled to for service in Vietnam.
2. The Board, consisting of — | Es and
Mr. == reviewed Petitioner's allegati or
and injustice on 25 August 2010 and, pursuant to its
regulations, determined that the corrective action
indicated below should be taken on the available evidence
of record. Documentary material considered by the Board
consisted of the enclosures (1) through (4), naval records,
and applicable statutes, regulations, and policies.
3. The Board, having reviewed all the facts of record
pertaining to Petitioner's allegations of error and
injustice finds as follows:
a. Before applying to this Board, Petitioner exhausted
all administrative remedies available under existing law
and regulations within the Department of ‘the Navy.
b. Although enclosure (1) was not filed in a timely
manner, it is in the interest of justice to waive the
statue of limitations and review the application on its
merits.
c. Petitioner enlisted in the Marine Corps on 20 June
1967. He served heroically in Vietnam, and was injured
twice during combat operations. During his two year
enlistment, he and his unit’s received numerous awards and
decorations. However, did not receive all of them.
d. Per enclosure (3), he is entitled to receive the
additional awards he requested.
e. Petitioner enlisted in the Marine Corps and was
honorably released from active duty on 24 June 1969, with a
physical disability.
CONCLUSION:
Upon review and consideration of all the evidence of record
and especially in light of enclosure (3), the Board
concludes that Petitioner's request warrants favorable
action. The Board notes the fact that he served in various
combat missions and was injured during those missions as a
result of enemy fire. Accordingly, the Board concludes
that, relief in the form of granting him with the
requested.
In view of the foregoing, the Board finds the existence of
an error and injustice warranting the following corrective
action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show
that on 18 July 1968, he was awarded a second Purple Heart
Medal, a Gold Star for wounds received in action, the CAR
for service in Vietnam, the Presidential Unit Citation
awarded to 1°* Marine Division for service in Vietnam during
the period of 16 September 1967 to 31 October 1968, the
Meritorious Unit Commendation Medal with one bronze star
awarded to 7°" Marine Regiment for service during 4 May to
6 July 1968 and 5" Marine Regiment for service during 24
July to 23 October 1968, a Good Conduct Medal for service
during 21 June 1967 to 24 June 1969, four bronze campaign
stars for his Vietnam Service Medal, the Republic of
Vietnam Meritorious Unit Citation (Gallantry Cross Color
with palm and frame) ribbon bar and the Republic of Vietnam
Meritorious Unit Citation (Civil Action Color with palm and
frame) ribbon bar.
b. Issue Petitioner a new DD Form 214 or DD Form 215
which reflects this corrected action.
c. That any material or entries inconsistent with or
relating to the Board's recommendation be corrected,
removed, or completely expunged from Petitioner's record
and that no such entries or material be added to the record
in the future.
d. That any material directed to be removed from
Petitioner's naval record be returned to the Board,
together with a copy of this Report of Proceedings, for
retention in a confidential file maintained for such
purpose, with no cross reference being made a part of
Petitioner's naval record.
4. Pursuant to Section 6(c) of the revised Procedures of
the Board for Correction of Naval Records (32 Code of
Federal Regulations, Section 723.6(c) it is certified that
a quorum was present at the Board's review and
deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above
entitled matter.
Ante Arg,
ROBERT D. ZSALMAN BRIAN i GEORG
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in
Section 6(e) of the revised Procedures of the Board for
Correction of Naval Records (32 Code of Federal Regulation,
Section 723.6(e)) and having assured compliance with its
provisions, it is hereby announced that the foregoing
corrective action, taken under the authority of reference
(a), has been approved by the Board on behalf of the
Secretary of the Navy.
W. DEAN PFE
By directio
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