IN THE CASE OF:
BOARD DATE: 5 December 2013
DOCKET NUMBER: AR20130005557
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 (Report of Transfer or Discharge) to show his award of the Bronze Star Medal and his marksmanship badge.
2. The applicant offers no statements, comments, or contentions.
3. The applicant provides copies of his DD Form 214, one page of his DA Form 20 (Enlisted Qualification Record), and General Orders Number 3870.
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 served on active duty in the Regular Army from 30 June 1965 through 14 June 1968.
3. His DA Form 20 provides the following:
* award of military occupational specialty 71H (Personnel Specialist)
* service in Vietnam from 22 June 1967 to 15 June 1968
* service with Company B, 1st Brigade, 101st Airborne Division from 27 June 1967 through 20 May 1968 and Forward Detachment, 801st Maintenance Battalion, 101st Airborne Division from 21 May 1968 through 14 June 1968
* award of the Parachutist Badge, National Defense Service Medal, Vietnam Service Medal, Good Conduct Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
4. Headquarters, 101st Air Cavalry Division, General Orders Number 3870, dated 18 July 1968, awarded the applicant the Bronze Star Medal.
5. The applicant's DD Form 214 lists his awards as the:
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Parachutist Badge
* Vietnam Service Medal
* Good Conduct Medal
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that while the applicant was assigned to the 801st Maintenance Battalion it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
7. Army Regulation 600-8-22 (Military Awards) states that a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal. The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal. Based on the applicant's dates of service in Vietnam, he participated during the following three campaign periods: the Counteroffensive Phase III, 1 June 1967 - 29 January 1968; Tet Counteroffensive, 30 January 1968 - 1 April 1968; and the Counteroffensive Phase IV, 2 April 1968 - 30 June 1968.
DISCUSSION AND CONCLUSIONS:
1. The applicant's award of the Bronze Star Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) were omitted from his DD Form 214. It is appropriate to correct these omissions.
2. The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Medal.
3. The applicant is also authorized to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
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 the Vietnam Service Medal from his DD Form 214 and
b. showing that, in addition to the awards shown on his DD Form 214, the applicant is also authorized the Bronze Star Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman 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) AR20130005557
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ABCMR Record of Proceedings (cont) AR20130005557
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