IN THE CASE OF:
BOARD DATE: 9 January 2014
DOCKET NUMBER: AR20130007858
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 Army Commendation Medal (ARCOM) and the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation.
2. The applicant makes no additional statement.
3. The applicant provides no additional documents.
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 8 January 1968, the applicant was inducted into the Army of the United States. His records show he completed training and was awarded military occupational specialty (MOS) 05C (Radio Teletype Operator) and later was awarded MOS 71B (Clerk/Typist) as his secondary MOS.
3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 24 September 1968 to 15 September 1969. The applicant was assigned to Headquarters and Headquarters Company (HHC), 303rd Radio and Research (RR) Battalion from 24 September 1968 to 2 January 1969. The applicant was assigned to 175th RR Company from 3 January 1969 to 15 September 1969.
4. His DD Form 214 shows the:
* National Defense Service Medal
* Army Good Conduct Medal
* two overseas bars
* Vietnam Campaign Medal
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
5. The applicant's records contain General Orders 2235 which show he was awarded an ARCOM on 2 September 1969.
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the VSM. The Vietnam campaigns are listed in appendix B. His service in Vietnam coincided with four campaigns:
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June-31 October 1969)
7. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 303rd RR Battalion and its assigned units, to include the 175th RR Company, were cited for award of the:
* Meritorious Unit Commendation (MUC) for the period 1 August 1968 to 30 September 1969 in Department of the Army General Orders (DAGO) Number 51, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 30 April 1971 in DAGO 6, dated 1974
8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows all subordinate units of United States Army Vietnam were cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973 in DAGO 8, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. The applicants records show he was awarded the ARCOM on 2 September 1969. Therefore, his DD Form 214 should be corrected to reflect his ARCOM.
2. The applicant participated in four campaigns during his service in Vietnam which entitles him to four bronze service stars for wear on his already-awarded VSM. Therefore, his DD Form 214 should be corrected to show these bronze service stars.
3. The applicants units were cited for award of the MUC and RVN Civil Actions Honor Medal First Class Unit Citation for periods that coincided with his assignment. Therefore, his DD Form 214 should be corrected to show these unit awards.
4. All subordinate units of United States Army, Vietnam were cited for award of the RVN Gallantry Cross with Palm Unit Citation for periods that coincide with the applicants service in Vietnam. Therefore, his DD Form 214 should be corrected to show this award.
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 the VSM from his DD Form 214 and
b. adding the following awards to his DD Form 214:
* VSM with four bronze service stars
* MUC
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* ARCOM
_______ _ 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) AR20130004156
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130007858
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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