IN THE CASE OF: BOARD DATE: 10 January 2013 DOCKET NUMBER: AR20120011129 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 additional awards and decorations. 2. The applicant states he feels there are medals and ribbons missing from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He adds that he received a letter after his discharge indicating he was given a new award and that it is not listed on his DD Form 214. He has lost that documentation. 3. The applicant provides 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's service records, known as the DA Form 201 (Military Personnel Records Jacket (MPRJ)), is not available for review. This case is being reviewed solely based on the DD Form 214 provided by the applicant. 3. His DD Form 214 shows he was inducted into the Army of the United States on 23 September 1965 and he held military occupational specialty 12B (Combat Constructions Specialist). 4. General Orders (GO) Number 2970, issued by Headquarters, 1st Infantry Division, on 7 May 1967, awarded him the Army Commendation Medal with "V" Device for heroism on 21 January 1967 while assigned to C Company, 168th Engineer Battalion. 5. He completed 1 year, 9 months, and 11 days of creditable active service, of which 10 months and 18 days was foreign service in the U.S. Army Pacific. His last duty assignment was with Company C, 168th Engineer Battalion, Vietnam. 6. He was honorably released from active duty on 3 July 1967 and he was transferred to the U.S. Army Reserve on 3 July 1967. His DD Form 214 shows the: * Purple Heart * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 7. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the following campaigns: * Vietnam Counteroffensive Phase, 1 July 1966 - 31 May 1967 * Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968 8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during the applicant's service with the 168th Engineer Battalion in Vietnam, from on or about 21 January 1967 (the date he performed his heroism that resulted in award of the Army Commendation Medal with "V" Device) to on or about 2 July 1967, one day prior to his separation), his unit was cited for awards of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 8, dated 1974 * Valorous Unit Award, for valor from 5 January to 15 July 1967 based on DAGO Number 1, dated 1969 DISCUSSION AND CONCLUSIONS: 1. The applicant's MPRJ is not available for review with this case. However, the available evidence supports the applicant's contention that his DD Form 214 is missing some medals. 2. GO awarded him the Army Commendation Medal with "V" Device for heroism on 21 January 1967 in Vietnam. He is entitled to correction of his DD Form 214 to show this award. 3. The evidence of record shows the applicant participated in at least two campaigns during his service in Vietnam. Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars. 4. GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award during his period of service in Vietnam. 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 from his DD Form 214 the Vietnam Service Medal * adding to his DD Form 214 the: * Army Commendation Medal with "V" Device * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Valorous Unit Award _______ _ 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) AR20120011129 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120011129 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1