BOARD DATE: 19 October 2011
DOCKET NUMBER: AR20110007900
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 award of four bronze service stars on his Vietnam Service Medal (VSM).
2. He states that he served in the Republic of Vietnam (RVN) from October 1967 to September 1968 and as a result, is entitled to the VSM with four bronze service stars.
3. He 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 record shows he was inducted into the Army of the United States on 20 September 1966.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 38 (Record of Assignments) - he served in the RVN from on or about 29 October 1967 to 12 September 1968 and was assigned to A Troop,
7th Squadron, 17th Cavalry Regiment from 29 October 1967 to 3 September 1968; and
b. item 41 - (Awards and Decorations) shows the National Defense
Service Medal (NDSM), VSM, Air Medal, Aircraft Crewmember Badge, RVN Campaign Medal, one Overseas Service Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Grenade Launcher (M-79), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).
4. He was honorably released from active duty on 9 September 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training). The DD Form 214 he was issued shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 he was awarded the NDSM, Good Conduct Medal, Air Medal, Aircraft Crewmember Badge, RVNCM, VSM, two Overseas Service Bars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).
5. His record contains a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) that shows item 24 of his DD Form 214 was corrected to add the VSM with one bronze service star and the RVN Gallantry Cross with Palm Unit Citation.
6. Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states 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, participation credit was awarded for the following four campaigns:
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive 1969 (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
7. A review of his record indicates he is entitled to additional awards that are not shown on his DD Form 214.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows A Troop, 7th Squadron, 17th Cavalry Regiment, the unit to which the applicant was assigned, was cited for award of the Valorous Unit Award for actions during the period 30 January to 12 February 1968 by Department of the Army General Orders (DAGO) Number 43, issued 1970.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows that the applicant's record was corrected to show he was awarded one bronze service star to his already-awarded VSM. However, evidence also shows that he participated in three additional campaigns and as a result is entitled to have his record corrected to show a total of four bronze service stars on his VSM.
2. DAGOs awarded his unit the Valorous Unit Award for actions during his period of assignment. Therefore, he is entitled to have his DD Form 214 corrected to this award.
3. Special orders show he was awarded the Expert Marksmanship Qualification Badge with Grenade Launcher Bar (M-79). Therefore, he is entitled to have this DD Form 214 corrected to show this badge.
BOARD VOTE:
__x______ ___x_____ __x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ____ ____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
a. deleting the Vietnam Service Medal from item 24 of his DD Form 214;
b. adding the Vietnam Service Medal with four bronze service stars, Valorous Unit Award, and Expert Marksmanship Qualification Badge with Grenade Launcher Bar (M-79) 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) AR20110007900
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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