IN THE CASE OF
BOARD DATE: 6 May 2014
DOCKET NUMBER: AR20130016117
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 any new medals he may be authorized for his combat service in Vietnam.
2. The applicant states he served in the Republic of Vietnam (RVN) during the period February 1970 through March 1971, and he did not know how to request awards.
3. The applicant provides a copy of 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. The applicant enlisted in the Regular Army on 29 September 1969 and was trained in and awarded military occupational specialty 11C (Infantryman Indirect Fire Crewman).
3. Item 31 (Foreign Service) of the applicants DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 3 March 1970 through
24 January 1971 and was assigned to Company A, 1st Battalion (Mechanized), 5th Infantry, 25th Infantry Division.
4. On 13 August 1971, the applicant was released from active duty under honorable conditions in the pay grade/rank of specialist four/E4. He completed
1 year, 10 months, and 15 days of total active service with no lost time. His
DD Form 214 shows he was awarded the following awards during his active duty service:
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal (VCM)
* Combat Infantryman Badge (CIB)
* Marksman Sharpshooter Qualification Badge with Rifle Bar (M-14)
5. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the RVN. The applicants unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September through
30 September 1970 by Department of the Army General Orders (DAGO) Number 5, dated 1973.
6. Army Regulation 600-8-22, (Military Awards) states the VSM is awarded to all members of the Armed Forces of the United States for qualifying service in the RVN during the period 3 July 1965 through 28 March 1973. 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 the RVN, participation credit was awarded for the following three campaigns:
* Vietnam Winter Spring 1970 which extended from 1 November 1969 through 30 April 1970
* Sanctuary Counteroffensive which extended from 1 May 1970 through 30 June 1970
* Vietnam Counteroffensive Phase VII which extended from 1 July 1970 through 30 June 1971
DISCUSSION AND CONCLUSIONS:
1. The applicants unit in the RVN was awarded Republic of Vietnam Gallantry Cross with Palm Unit Citation when he was assigned to the unit. Therefore, his DD Form 214 should be corrected to show this award.
2. The applicant's records show he participated in three campaigns during his service in the RVN. Therefore, he is entitled to three bronze service stars for wear on his already-awarded VSM and correction of 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:
a. deleting the VSM from his DD Form 214; and
b. adding the following awards to his DD Form 214:
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm 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) AR20130016117
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130016117
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