IN THE CASE OF:
BOARD DATE: 9 February 2012
DOCKET NUMBER: AR20110015454
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 the Vietnam Service Medal and Vietnam Campaign Medal.
2. The applicant states these awards were omitted from his DD Form 214. He served in the 5th Battalion, 42d Artillery.
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 was inducted into the Army of the United States on 9 June 1967. He completed training and was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).
3. The applicant's DA Form 20 shows in:
a. item 38 (Record of Assignments) he was assigned in Vietnam to Service Battery, 5th Battalion, 42d Artillery, from 5 April 1968 through 22 January 1969.
b. item 41 (Awards and Decorations) he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), one overseas service bar, and the Marksman Marksmanship Qualification Badge with Rifle Bars (M-16 and (M-14).
4. The applicant's DD Form 214 shows he was honorably released from active duty on 14 March 1969 as a specialist four/E-4.
a. He completed 1 year, 9 months, and 16 days of total active service.
b. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal.
5. His record contains:
a. Special Orders Number 216, Headquarters, U.S. Army Training Center, and Fort Leonard Wood, dated 4 August 1967, showing he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).
b. Special Orders Number 349, Headquarters, 54th Artillery Group, dated
29 December 1968, showing he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
6. Army Regulation 600-8-22 contains the regulatory guidance for the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign. During his service in Vietnam, the applicant participated in the following three campaigns:
* Vietnam Counteroffensive Phase IV 2 April - 30 June 1968
* Vietnam Counteroffensive Phase V 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI 2 November 1968 - 22 February 1969
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. This pamphlet shows the 5th Battalion, 42d Artillery was cited for award of the Meritorious Unit Commendation for the period 25 April 1968-25 April 1969 by Department of the Army General Orders Number 36, dated 1980.
8. 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. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record contains orders showing he was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), one overseas service bar, and the Marksman Marksmanship Qualification Badge with Rifle Bars for the M-14 and M-16.
2. Records show the applicant participated in three campaign periods during his service in Vietnam. Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.
3. General orders awarded the applicant's unit in Vietnam the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.
4. His DD Form 214 should be corrected to show these awards and badges.
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 adding the following awards to item 24 of his DD Form 214:
* Vietnam Service Medal with three bronze service stars
* Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
___________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) AR20100025029
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110015454
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