IN THE CASE OF:
BOARD DATE: 26 September 2013
DOCKET NUMBER: AR20130003339
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 Air Medal and Bronze Star Medal.
2. He states he is authorized these awards based on his service during the Vietnam War.
3. He provides his DD Form 214 effective 8 June 1968.
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. On 23 June 1965, the applicant enlisted in the Regular Army.
3. His DA Form 20 (Enlisted Qualification Record) shows:
* he served in the Republic of Vietnam (RVN) from 16 June 1967 to 5 June 1968
* he was assigned to Headquarters and Headquarters Company, 5th Special Forces Group (SFG) (Airborne), 1st Special Forces (SF) Regiment, from 19 June 1967 to 6 August 1967 and Company B, 5th SFG, 1st SF, from 7 August 1967 to 4 June 1968
* he received all "excellent" conduct and efficiency ratings
4. Headquarters, 5th SFG, 1st SF, issued:
* General Orders (GO) Number 896, dated 1 June 1968, awarding him the Army Good Conduct Medal (1st Award) for the period 23 June 1965 to date of separation on or about 15 June 1968
* GO Number 963, dated 8 June 1968, awarding him the Bronze Star Medal for the period 16 June 1967 to 15 June 1968
* GO Number 1017, dated 13 June 1968, awarding him the Air Medal for the period 25 July 1967 to 20 February 1968
5. On 8 June 1968, he was honorably released from active duty after completing 2 years, 11 months, and 16 days of total active service. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* Combat Infantryman Badge
* Parachutist Badge
* Vietnam Parachutist Badge
6. A review of his records indicates he is entitled to additional awards not shown on his DD Form 214.
7. Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for award of the Vietnam Service Medal and states a bronze service star is worn on the Vietnam Service Medal for each credited campaign. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns: Vietnam Counteroffensive Phase III, Tet Counteroffensive, and Vietnam Counteroffensive Phase IV.
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the RVN. This pamphlet shows the 5th SFG, 1st SF, was cited for the award of the:
* Presidential Unit Citation for the period 1 November 1966 to 31 January 1968 in Department of the Army General Orders (DAGO) Number 48, dated 1968
* Meritorious Unit Commendation for the period 31 January to 31 December 1968 in DAGO Number 70, dated 1969
* RVN Gallantry Cross with Palm Unit Citation for the period 1 October 1964 to 17 May 1969 in DAGO Number 59, dated 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1968 to 24 September 1970 in DAGO Number 45, dated 1971
DISCUSSION AND CONCLUSIONS:
1. GO awarded the applicant the Bronze Star Medal, Air Medal, and Army Good Conduct Medal (1st Award).
2. He participated in three campaigns while serving in Vietnam. Therefore, he is authorized three bronze service stars for wear on his previously-awarded Vietnam Service Medal.
3. He was assigned to a unit in the RVN during a period for which the unit was cited for award of the Presidential Unit Citation, Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.
4. His DD Form 214 should be corrected to show these awards.
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 his DD Form 214:
* Bronze Star Medal
* Air Medal
* Army Good Conduct Medal (1st Award)
* Presidential Unit Citation
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* three bronze service stars for his previously-awarded Vietnam Service Medal
_____________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) AR20130003339
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