IN THE CASE OF:
BOARD DATE: 1 April 2014
DOCKET NUMBER: AR20130013936
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 Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
2. The applicant states he was authorized this award by General Order (GO) Number 53, dated 1970. He was assigned to the 2nd Battalion, 18th Infantry, 2nd Brigade, 1st Infantry Division, in Vietnam from January 1968 to January 1969.
3. The applicant provides copies of GO Numbers 11904 and 53.
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 on 12 June 1965 and he entered active duty on 30 October 1965. He served in Vietnam from 5 February 1968 through 4 February 1969, during four campaigns. He was assigned to the following:
* Headquarters and Headquarters Company (HHC), 2nd Battalion, 18th Infantry, 1st Infantry Division, from 8 February to 16 May 1968
* Company A, 2nd Battalion, 18th Infantry, 1st Infantry Division, from 17 May 1968 to 3 February 1969
3. He was honorably discharged in the rank of captain on 10 February 1970. His DD Form 214 lists the:
* National Defense Service Medal
* Army Commendation Medal (5th Award)
* Vietnam Service Medal
* Combat Infantryman Badge
* Air Medal with Numeral 3
* Bronze Star Medal (2nd Award) and "V" Device
* Republic of Vietnam Campaign Medal with Device 1960
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
4. He provided a copy of GO Number 53, dated 22 October 1970, which awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his unit, the 2nd Battalion, 18th Infantry, for the period 12 July 1965 through 7 April 1970.
5. On 21 March 2013, a DD Form 215 (Correction to DD Form 214) was issued adding the "V" Device to the 5th Award of his Army Commendation Medal.
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized for wear on the Vietnam Service Medal to denote participation in a named campaign.
DISCUSSION AND CONCLUSIONS:
1. GO awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service in Vietnam. Therefore, he is entitled to this award and its addition to his DD Form 214.
2. He served in Vietnam during four campaigns; therefore, he is entitled to award of four bronze service stars to be added to his already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.
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 the applicant's DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the Vietnam Service Medal with four bronze service stars and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
___________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) AR20130013936
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ABCMR Record of Proceedings (cont) AR20130013936
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