IN THE CASE OF:
BOARD DATE: 29 April 2014
DOCKET NUMBER: AR20130014520
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 any awards and decorations to which he may be entitled added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 2 September 1968.
2. The applicant states all awards and decorations due for his service are not listed on this DD Form 214.
3. The applicant provides a copy of his DD Form 214 for the period ending
2 September 1968.
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 enlisted in the Regular Army on 12 November 1965 for a period of 2 years. He completed Officer Candidate School and he was honorably discharged on 12 September 1966 to accept a commission.
3. His DD Form 214 for the period ending 12 September 1966 shows he was awarded or authorized the:
* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
4. On 13 September 1966, he was appointed as a second lieutenant in the U.S. Army Reserve and he was ordered to active duty. He arrived in Vietnam on
21 September 1967. He served as a platoon leader assigned to Battery C,
5th Battalion, 2nd Artillery in Vietnam from 28 October 1967 to 20 May 1968. He was assigned to Battery I, 29th Artillery in Vietnam from 21 May 1968 to
31 August 1968. On 2 September 1968, he was honorably released from active duty.
5. His DD Form 214 for the period ending 2 September 1968 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
6. Records show he participated in three campaigns during his assignment in Vietnam.
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 5th Battalion, 2d Artillery was cited for award of the:
* Meritorious Unit Commendation for actions during the period 5 April 1967 to 30 September 1968 by Department of the Army General Orders (DAGO) 60, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 54, dated 1974
8. DAGO 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.
9. 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 Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:
1. The applicant participated in three campaigns during his assignment in Vietnam that entitles him to three bronze service stars for wear on his already-awarded Vietnam Service Medal. His DD Form 214 for the period ending
2 September 1968 should be corrected to show these service stars.
2. His unit in Vietnam was cited for award of the Meritorious Unit Commendation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. His DD Form 214 for the period ending
2 September 1968 should be corrected to show these unit awards.
3. The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam. The applicant served in Vietnam during a qualifying period; therefore, he is entitled to correction of his DD Form 214 for the period ending 2 September 1968 to show this unit award.
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:
a. deleting the entry "VIETNAM SERVICE MEDAL" from his DD Form 214 for the period ending 2 September 1968 and
b. adding the Vietnam Service Medal with three bronze service stars, Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to this DD Form 214.
_______ _ 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) AR20130014520
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ABCMR Record of Proceedings (cont) AR20130014520
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