IN THE CASE OF:
BOARD DATE: 10 June 2014
DOCKET NUMBER: AR20130017332
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 add the Army Commendation Medal and the Presidential Service Badge.
2. The applicant states these awards were not reflected on his DD Form 214.
3. The applicant provides:
* Presidential Service Certificate, dated 29 September 1967
* Certificate for award of the Army Commendation Medal
* 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 7 February 1966 and held military occupational specialty 52D (Power Generation Equipment Repairer). The highest rank/grade he attained while serving on active duty was specialist five/E-5.
3. His record contains a letter, issued by the Armed Forces Aide to the President, on 30 September 1967 which awarded him the Presidential Service Badge.
4. His DA Form 20 (Enlisted Qualification Record) shows:
a. He was assigned to Vietnam from 1 November 1967 to 31 October 1968 and he served with:
* Headquarters, Maintenance Service Company, 188th Maintenance Battalion from 5 November 1967 to 9 June 1968
* Company B, 6th Support Battalion, 11th Infantry Brigade from 10 June 1968 to 28 October 1968
b. He was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal (Pending)
* Army Good Conduct Medal
5. He provided a certificate for award of the Army Commendation Medal, dated 28 October 1968 for meritorious service during the period November 1967 to September 1968.
6. He was honorably released from active duty on 31 October 1968. His DD Form 214 shows he completed 2 years, 8 months, and 24 months of net active service, of which 1 year was credited as foreign service. Additionally, he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Two overseas service bars
7. Army Regulation 600-8-22 (Military Awards) states one bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign for which a member is credited with participating. Appendix B shows that during his service in Vietnam, the applicant participated in 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)
8. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 188th Maintenance Battalion was cited for award for Valorous Unit Award for the period 5 January 1967 to 15 July 1967 by Department of the Army General Order (DAGO) Number 1, dated 1969.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Form 20 shows the Army Commendation Medal was a pending award. However, he provided a certificate for award of the Army Commendation Medal. As such, there appears to be sufficient evidence to show he received/was awarded the Army Commendation Medal. Therefore, he is entitled to correction of his DD Form 214 to add this award.
2. His record contains a letter showing he was awarded the Presidential Service Badge. Therefore, he is entitled to correction of his DD Form 214 to add this badge.
3. His DA Form 20 shows he was awarded the Army Good Conduct Medal. Therefore, he is entitled to correction of his DD Form 214 to add this award.
4. 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 add this unit award.
5. 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.
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 the Vietnam Service Medal; and adding to his DD Form 214 the:
* Army Commendation Medal
* Army Good Conduct Medal
* Presidential Service Badge
* Vietnam Service Medal with four 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) AR20130017332
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ABCMR Record of Proceedings (cont) AR20130017332
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