IN THE CASE OF:
BOARD DATE: 2 July 2013
DOCKET NUMBER: AR20120022199
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 the Valorous Unit Award and any other awards and decorations he may be authorized.
2. The applicant states the 1st Battalion, 26th Infantry, was awarded the Valorous Unit Award for heroism on 1 April 1967 at the Battle of Ap Gu, South Vietnam. He was in Vietnam from September 1966 to September 1967 and he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 26th Infantry.
3. The applicant provides:
* General Orders (GO) Number 3792 issued by Headquarters, U.S. Army Vietnam
* DA Form 305-3 (Personnel Roster)
* DD Form 214
* Special Orders Number 130
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 22 March 1966. He completed basic combat and advanced individual training and he was awarded military occupational specialty 11C (Infantry Indirect Fire Crewmember).
3. He served in Vietnam with HHC, 1st Battalion, 26th Infantry, from on or about 27 September 1966 to on or about 22 September 1967.
4. He was honorably released from active duty on 21 March 1968. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* First Class Gunner with Mortar Bar (81 millimeter)
* Vietnam Service Medal with one bronze service star
* Expert Marksmanship Qualification Badge with Pistol Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Combat Infantryman Badge
5. GO Number 3792 issued by Headquarters, U.S. Army Vietnam, on 27 October 1969, awarded the 1st Battalion, 26th Infantry, the Valorous Unit Award for extraordinary heroism on 1 April 1967.
6. Department of the Army General Orders (DAGO) Number 21, dated 1969, awarded the 1st Battalion, 26th Infantry, the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 12 July 1965 to 16 October 1968 and DAGO Number 53, dated 1970, awarded this unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 October 1965 to 7 April 1970.
7. On 5 April 2005, he was issued a DD Form 215 (Correction to DD Form 214) that added award of the Army Good Conduct Medal.
8. Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal. A bronze service star is authorized with the Vietnam Service Medal 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 Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) and Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968) campaigns.
DISCUSSION AND CONCLUSIONS:
1. GO awarded his unit in Vietnam the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, his DD Form 214 should be corrected to show these unit awards.
2. He was awarded the Vietnam Service Medal. He participated in 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.
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 award of the Vietnam Service Medal with one bronze service star from his DD Form 214 and
b. adding the following awards to his DD Form 214:
* Vietnam Service Medal with two bronze service stars
* Valorous Unit Award
*
Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
___________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) AR20120022199
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ABCMR Record of Proceedings (cont) AR20120022199
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