IN THE CASE OF:	   

		BOARD DATE:	  25 March 2014

		DOCKET NUMBER:  AR20130012591 


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 the: 

* Combat Infantryman Badge
* Bronze Star Medal
* Air Medal
* All foreign awards

2.  The applicant states the requested awards were awarded and presented but are not shown on his DD Form 214.  

3.  The applicant provides:

* DD Form 214, ending on 31 July 1967
* DD Form 214, ending on 6 July 1970
* Special Orders (SO) Number 299, Combat Infantryman Badge
* General Orders (GO) Number 3566, award, and citation for the Air Medal
* GO Number 3467, certificate, and citation for award of the Bronze Star Medal
* Certificate for attendance at the Jungle Operations Training Course
* Certificates of Appreciation
* Authorization for the Staff Service Honor Medal First Class, Vietnam, with official decree and English translation


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's records show he enlisted in the Regular Army on 
19 September 1966 and he held military occupational specialty 13E (Field Artillery Operations and Intelligence Assistant).  

3.  He was honorably discharged on 31 July 1967 to accept a commission.  He completed 10 months and 13 days of active service.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* National Defense Service Medal
* Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  He was appointed as a Reserve commissioned officer of the Army with concurrent call to active duty and executed an oath of office on 1 August 1967. 

5.  He served in Vietnam from 16 July 1969 to 2 July 1970.  His Officer Evaluation Reports show he was assigned to the U.S. Military Assistance, Vietnam (USARV), Combat Assistance Team 99, 25th Infantry Division, Army of the Republic of Vietnam, III Corps Tactical Zone.

6.  SO Number 299, issued by the U.S. Military Assistance Command – Vietnam (MACV) on 26 October 1969 awarded him the Combat Infantryman Badge. 

7.  His records contain a decree, English translation, and a memorandum, dated 28 December 1969, authorizing him the Staff Service Honor Medal, First Class Citation. 

8.  GO Number 3467, issued by MACV on 20 June 1970 awarded him the Bronze Star Medal for meritorious service from July 1969 to June 1970.
9.  GO Number 3566, issued by MACV on 30 June 1970 awarded him the Air Medal for achievement from 15 October to 6 December 1969.

10.  He was honorably released from active duty on 6 July 1970.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* two overseas service bars

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), shows the U.S. Military Assistance Command was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 8 February 1962 to 28 March 1972, based on DAGO Number 8, dated 1974

12.  Appendix B of Army Regulation 600-8-22 shows during his service in Vietnam participation credit was awarded for the below campaigns.  This same regulation states a bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. 

* Vietnam Summer – Fall 1969 (9 June to 31 October 1969)
* Vietnam Winter – Spring 1970 (1 November 1969 to 30 April 1970)
* DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1970)
* Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971)

DISCUSSION AND CONCLUSIONS:

1.  SO/GO awarded the applicant the Combat Infantryman Badge, Air Medal, and Bronze Star Medal which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards. 

2.  The applicant was authorized to accept and wear the Staff Service Honor Medal, First Class Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign award. 

3.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

4.  He was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in Vietnam; therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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 deleting from his DD Form 214 for the period ending 6 July 1970 the Vietnam Service Medal and adding the:

* Combat Infantryman Badge
* Air Medal
* Bronze Star Medal
* Staff Service Honor Medal, First Class Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Vietnam Service Medal with four bronze service stars




      _______ _   _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)                                         AR20130012591



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ABCMR Record of Proceedings (cont)                                         AR20130012591



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