IN THE CASE OF:
BOARD DATE: 12 December 2013
DOCKET NUMBER: AR20130006495
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 to show the Air Medal.
2. The applicant states he was awarded an Air Medal for his service with the 5th Special Forces Group (SFG) between 27 July 1969 and 2 August 1970 but it is not reflected on his DD Form 214.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and an email.
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 commissioned as a second lieutenant with concurrent call to active duty on 5 June 1968. On 5 June 1970, he attained the rank/grade of captain (CPT)/O-3.
3. He served in Vietnam from 28 July 1969 to 2 August 1970 while assigned to Headquarters and Headquarters Company (HHC) and Company C, 5th SFG, 1st SF.
4. He was honorably released from active duty on 30 August 1973 in the rank of CPT and he was assigned to the U.S. Army Reserve.
5. The DD Form 214 he was issued shows award of the:
* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Army Commendation Medal (2nd Award)
* Vietnam SF Jump Wings
* Bronze Star Medal
* Vietnam Campaign Medal with "60" Device
* two overseas service bars
6. This forms also lists the four campaigns he participated in during his service in Vietnam.
7. His record is void of orders for the Air Medal. However, item 21 (Awards and Decorations) of his DA Form 66 (Officer Record Brief) shows General Orders (GO) Number 1475, dated 22 July 1970, issued by Headquarters, 5th SFG, awarded him the Air Medal.
8. Item 23 (Qualification in Arms) of his DA Form 66 shows he qualified as expert with the M-16 rifle on 16 May 1969 and with the .45 caliber pistol on 26 April 1971.
9. Army Regulation 600-8-22 (Military Awards) states 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 is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of his records confirms that during his service in Vietnam he participated in four campaigns.
10. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows 5th SFG, 1st SF, was cited for award of the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 18 May 1969 through 16 November 1970 by DAGO Number 42, dated 1972
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation for the period 1 January 1968 through 24 September 1970 by DAGO Number 48, dated 1971
DISCUSSION AND CONCLUSIONS:
1. The evidence of record supports the applicant's contention that GO awarded him the Air Medal as evidenced by the entry shown in item 21 of his DA Form 66. Therefore, it would be appropriate to correct his DD Form 214 to show this award.
2. His record confirms he participated in four campaigns during his service in Vietnam. Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.
3. GO awarded the applicants unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation during a period he was assigned to the unit. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
4. The evidence of record shows he qualified as expert with the M-16 rifle and the .45 caliber pistol. Therefore, he is entitled to the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) and correction of his DD Form 214 to show these badges.
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 amending his DD Form 214 as follows:
* deleting the Vietnam Service Medal
* adding the:
* Air Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
_______ _ _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) AR20130006495
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ABCMR Record of Proceedings (cont) AR20130006495
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