IN THE CASE OF:
BOARD DATE: 10 October 2013
DOCKET NUMBER: AR20130004307
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, in effect, that the Valorous Unit Award be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his unit was cited for the Valorous Unit Award, but when he obtained a copy of his DD Form 214 that award was not listed.
3. The applicant provides a copy of Department of the Army General Orders (DAGO) Number 25, dated 2001.
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 on 20 April 1967, completed training as a medic and served in Vietnam from 26 November 1967 through 18 November 1968.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 38 (Record of Assignments) he served his entire Vietnam tour of duty with Headquarters and Headquarters Company, 4th Battalion, 503d Infantry.
b. item 41 (Awards and Decorations)
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Vietnam Service Medal
* Combat Medical Badge
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Overseas Service Bars (Two)
* Bronze Star Medal
* Good Conduct Medal (First Award)
* Air Medal
4. The applicant returned to the United States and was honorably transferred to the Army Reserve as a Specialist Five (pay grade E-5). His DD Form 214 lists his authorized awards as the:
* National Defense Service Medal
* RVN Campaign Medal with Device (1960)
* Good Conduct Medal (First Award)
* Vietnam Service Medal
* Combat Medical Badge
* Parachutist Badge
* Bronze Star Medal
* Air Medal
5. The 4th Battalion, 503d Infantry was awarded the Valorous Unit Award for extraordinary heroism in action on 30 and 31 January 1968 by DAGO Number 25, dated 2001. DAGO Number 51, dated 1971, also awarded his unit the RVN Gallantry Cross with Palm Unit Citation for the period 1 November 1966 through 23 September 1970.
6. Army Regulation 600-8-22 (Military Awards) states:
a. the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star will be worn in lieu of five bronze service stars.
b. qualifying campaign periods for service stars that coincide with the applicant's tour of duty include the following five campaign periods:
* Vietnam Counteroffensive, Phase III 1 June 1967 through 29 January 1968
* TET Counteroffensive 30 January through 1 April 1968
* Vietnam Counteroffensive, Phase IV 2 April through 30 June 1968
* Vietnam Counteroffensive, Phase V 1 July through 1 November 1968
* Vietnam Counteroffensive, Phase VI 2 November 1968 through
22 February 1969
DISCUSSION AND CONCLUSIONS:
1. The applicant's unit was, indeed, awarded the Valorous Unit Award for action during his tour in Vietnam.
2. His unit was also awarded the RVN Gallantry Cross with Palm Unit Citation.
3. He served in Vietnam during five designated campaign periods and is authorized to wear a silver service star on the Vietnam Service Medal.
4. He also earned the Marksman Marksmanship Qualification Badge with Rifle Bar that is not shown on his DD Form 214.
5. The above authorized awards should be added to the applicant's DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ___X__ _ 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 the Vietnam Service Medal from the awards listed on his DD Form 214 and
b. adding to the authorized awards already shown on his DD Form 214 the:
* Vietnam Service Medal with one silver service star
* Valorous Unit Award
* RVN Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Rifle Bar
_______ _ 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) AR20130004307
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130004307
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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