IN THE CASE OF:
BOARD DATE: 3 January 2013
DOCKET NUMBER: AR20120010599
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 he earned as a result of his Vietnam service.
2. The applicant states that when he left Vietnam he was told he had been recommended for a medal. He would like to have it in his records. He was assigned to the 523rd Engineer Company.
3. The applicant provides his DD Form 214 and a DA Form 3522 (Certificate of Appreciation).
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 records show he enlisted in the Regular Army on 5 January 1968 and he held military occupational specialty 51B (Carpenter).
3. Special Orders (SO) Number 157 issued by Headquarters, 249th Engineer Battalion, on 14 August 1968 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
4. He served in Vietnam with the 523rd Engineer Company from 23 February 1969 to 28 July 1970.
5. General Orders (GO) Number 45 issued by Headquarters, 34th Engineer Group, on 16 July 1970 awarded him the Army Good Conduct Medal.
6. On 2 August 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve to complete his remaining service obligation. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1970)
* Army Good Conduct Medal
7. He provides a certificate of appreciation, dated 2 August 1970, issued by the U.S. Army Chief of Staff in recognition of his service and faithful performance.
8. A review of the Awards and Decorations Computer Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 and maintained by the U.S. Army Human Resources Command, failed to reveal any personal decoration or award orders for him
9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his period of service in Vietnam, the 523rd Engineer Company was awarded the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army GO Number 8, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 July 1968 to 9 February 1970 based on Department of the Army GO Number 43, dated 1970
10. Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam participation credit was awarded for the campaigns below and that a bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star denotes five bronze service stars:
* Tet 69 Counteroffensive 1969, 23 February to 8 June 1969
* Vietnam Summer-Fall 1969, 9 June to 31 October 1969
* Vietnam Winter-Spring 1970, 1 November 1969 to 30 April 1970
* Sanctuary Counteroffensive, 1 May to 30 June 1970
* Vietnam Counteroffensive Phase VII, 1 July 1970 to 30 June 1971
DISCUSSION AND CONCLUSIONS:
1. SO awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) which is not listed on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this badge.
2. GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, neither of which is listed on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.
3. He was awarded the Vietnam Service Medal. Additionally, he participated in five campaigns while serving in Vietnam; therefore, he is entitled to one silver service star to be affixed to his already-awarded Vietnam Service Medal.
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:
* deleting the Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter 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) AR20120010599
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120010599
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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