IN THE CASE OF:
BOARD DATE: 5 June 2014
DOCKET NUMBER: AR20130017509
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 unit awards.
2. He states he believes his DD Form 214 should show unit awards.
3. He provides 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. On 20 May 1969, the applicant was inducted into the Army of the United States.
3. On 20 July 1969, Headquarters, U.S. Army Training Center, Infantry and Fort Dix, Fort Dix, NJ, issued Special Orders Number 201 awarding him the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars.
4. On 23 August 1969, Headquarters, U.S. Army Training Center, Infantry and Fort Lewis, Fort Lewis, WA, awarded him the Second Class Gunner (now called Marksman) Marksmanship Qualification Badge with Mortar Bar.
5. Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he began a tour of duty in Vietnam on 30 April 1970. Item 38 (Record of Assignments) shows he was assigned to duty in Vietnam with Company C, 1st Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile), from 27 May 1970 to 1 April 1971.
6. On 6 April 1971, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Army Commendation Medal
* Air Medal
* Bronze Star Medal with "V" Device and one oak leaf cluster
* Army Good Conduct Medal
* Combat Infantryman Badge
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 1st Battalion, 7th Cavalry, was awarded the:
* Valorous Unit Award (VUA) for the period 1 May to 29 June 1970, by Department of the Army General Order (DAGO) Number 43, dated 1972
* RVN Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971, by DAGO 42, dated 1972
8. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign. The Vietnam campaigns are listed in appendix B. During his service in Vietnam, he participated in two campaigns:
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
DISCUSSION AND CONCLUSIONS:
1. The applicant served in the 1st Battalion, 7th Cavalry, during periods for which the unit was awarded the VUA and RVN Gallantry Cross with Palm Unit Citation. His DD Form 214 should be corrected to show these unit awards.
2. His participation in two campaigns during his Vietnam service entitles him to two bronze service stars for wear on his already-awarded VSM. His DD Form 214 should be corrected to show these bronze service stars.
3. He was awarded the Expert Marksmanship Qualification Badge with Rifle and Grenade Bars and the Marksman Marksmanship Qualification Badge with Mortar Bar. His DD Form 214 should be corrected to show these badges.
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:
* VSM with two bronze service stars
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars
* Marksman Marksmanship Qualification Badge with Mortar Bar
* VUA
* RVN 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) AR20130017509
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ABCMR Record of Proceedings (cont) AR20130017509
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