BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090008637 


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 amended to show 3 battle stars.

2.  The applicant states that he has read articles in magazines which show he is entitled to 3 battle stars.

3.  The applicant provides correspondence between him and his elected representative.

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's military records show that he was inducted in the Army on 14 July 1966, was awarded the military occupational specialty of Hercules Missile Crewman, and was promoted to pay grade E-3. 

3.  He served in Vietnam from 30 May 1967 to 23 May 1968.  While in Vietnam, he was assigned to Battery D, 6th Battalion, 71st Artillery from 9 June 1967 to 14 October 1967 and to the 154th Transportation Company from 15 October 1967 to 23 May 1968.

4.  He was honorably released from active duty on 25 May 1968.  The DD Form 214 he was issued shows that he was awarded the National Defense Service Medal, Vietnam Service Medal with 1 bronze service star, the Vietnam Campaign Medal with Device 1960, and marksmanship badges.

5.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, shows the pertinent identified campaign periods, for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Those periods are:  The Counteroffensive Phase III (1 July 1966 through 29 January 1968); Tet (30 January 1968 through 1 April 1968); and Counteroffensive IV (2 April 1968 through 30 June 1968).

6.  Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was assigned to Vietnam during three named campaigns.  As such, he is entitled to 3 bronze service stars to be worn on his already authorized Vietnam Service Medal.

2.  The applicant is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation for his service in Vietnam.

3.  In view of the foregoing, it would be proper to add these awards to the applicant's 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 the DD Form 214 of the individual concerned be corrected by showing he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 3 bronze service stars for wear on his already authorized Vietnam 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)                                         AR20090008637



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ABCMR Record of Proceedings (cont)                                         AR20090008637



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