BOARD DATE: 21June 2012
DOCKET NUMBER: AR20110025225
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 all awards and decorations he may be entitled to.
2. The applicant states he believes he is entitled to award of the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation and bronze service stars to be affixed to his previously awarded Vietnam Service Medal.
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 applicants 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 applicants 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 19 January 1968. He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman). The highest rank/grade he attained during this period of service was staff sergeant/E-6. He served in the RVN from 14 June 1969 through 11 June 1970 and was assigned to Troop A, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division. He was honorably released from active duty on 12 June 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation. His DD Form 214 shows he was awarded the:
* Vietnam Service Medal
* National Defense Service Medal
* Combat Infantryman Badge
* RVN Campaign Medal with Device (1960)
* Army Commendation Medal
* Bronze Star Medal
* Army Good Conduct Medal
3. General Orders Number 14967, issued by Headquarters, 25th Infantry Division, dated 3 December 1969, awarded him the Army Commendation Medal with V Device for heroism on 18 November 1969.
4. Special Orders Number 219, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, dated 6 August 1968, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
5. Special Orders Number 242, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, LA, dated 25 September 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows Troop A, 3rd Squadron, 4th Cavalry Regiment, 25th Infantry Division, the unit to which the applicant was assigned, was cited for award of the:
a. RVN Gallantry Cross with Palm Unit Citation for the period
1 May through 28 June 1970 by Department of the Army General Order (DAGO) Number 55, dated 1971;
b. Valorous Unit Award for the period 1 May through 29 June 1970 by DAGO Number 43, dated 1972.
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 RVN campaign a member is credited with participating in. Appendix B shows that during his service in the RVN, the applicant participated in the following three campaigns:
* Vietnam Summer - Fall 1969
* Vietnam Winter - Spring 1970
* DA Sanctuary Counteroffensive
DISCUSSION AND CONCLUSIONS:
1. General orders awarded him the Army Commendation Medal with V Device for heroism in the RVN. Therefore, his DD Form 214 should be corrected to show this award
2. Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). Therefore, his DD Form 214 should be corrected to show these badges.
3. The applicant's unit in the RVN was awarded multiple unit awards during his period of assignment. Therefore, his DD Form 214 should be corrected to show the RVN Gallantry Cross with Palm Unit Citation and a Valorous Unit Award.
4. Records show the applicant participated in three campaign phases during his service in the RVN. Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.
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:
a. deleting from his DD Form 214 the Vietnam Service Medal; and
b. adding to his DD Form 214 the:
* Army Commendation Medal with V Device
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* RVN Gallantry Cross with Palm Unit Citation
* Valorous Unit Award
* Vietnam Service Medal with 3 bronze service stars
_______ _ 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) AR20110025225
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ABCMR Record of Proceedings (cont) AR20110025225
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