IN THE CASE OF:
BOARD DATE: 25 February 2014
DOCKET NUMBER: AR20130010687
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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Bronze Star Medal and any campaign medals or other awards to which he is entitled.
2. The applicant states the Bronze Star Medal was not listed on his DD Form 214 because it was awarded after his discharge.
3. The applicant provides a certificate for award of the Bronze Star Medal and his DD Form 214.
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. After having previous enlisted service, the applicant was appointed as a Reserve commissioned officer on 15 September 1966 and entered extended active duty.
3. His DA Form 66 (Officer Qualification Record) shows he was assigned to Vietnam from 10 September 1967 to 3 September 1968 and served with:
* Headquarters and Headquarters Detachment (HHD), 160th Signal Group from 13 September 1967 to 27 January 1968
* Company D, 40th Signal Battalion (Construction) from 28 January 1968 to 2 May 1968
* HHD, 40th Signal Battalion (Construction) from 3 May 1968 to
2 September 1968
4. Special Orders (SO) Number 121, issued by Headquarters, 40th Signal Battalion, Vietnam on 23 May 1968 awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
5. General Orders (GO) Number 872, issued by Headquarters, 1st Signal Brigade, Vietnam on 26 October 1968 awarded him the Bronze Star Medal.
6. He was honorably released from active duty on 14 September 1968. His
DD Form 214 shows he completed 2 years of net active service, of which 11 months and 26 days was credited as foreign service. Additionally, he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
7. A review of the applicant's record shows he is entitled to additional awards and decorations.
8. Army Regulation 600-8-22 (Military Awards), paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:
* Vietnam Counteroffensive, Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968)
9. 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 Headquarters, United States Army Vietnam and its subordinate units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973 by DAGO Number 8, dated 1974.
DISCUSSION AND CONCLUSIONS:
1. GO awarded the applicant the Bronze Star Medal; therefore, he is entitled to correction of his DD Form 214 to add this award.
2. The evidence of record shows he participated in four campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars affixed to his previously-awarded Vietnam Service Medal.
3. GO awarded Headquarters, United States Army Vietnam and its subordinate units the the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served in Vietnam. Therefore, he is entitled to correction of his DD Form 214 to add this unit award.
4. SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); therefore, he is entitled to correction of his DD Form 214 to add this badge.
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 from his DD Form 214 the Vietnam Service Medal; and
b. adding to his DD Form 214 the:
* Bronze Star Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter 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) AR20130010687
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130010687
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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