IN THE CASE OF:
BOARD DATE: 19 June 2014
DOCKET NUMBER: AR20130017874
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 all of his authorized awards.
2. The applicant states his research has revealed that his unit was awarded the Valorous Unit Award and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
3. The applicant provides a copy of his unit's lineage and honors.
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 inducted into the Army of the United States on 4 October 1967. He completed basic training at Fort Jackson, South Carolina, and advanced individual training as a light weapons infantryman at Fort Polk, Louisiana.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows he was transferred to Vietnam on 29 March 1968. He was assigned to Company B, 2d Battalion, 27th Infantry Regiment, from 3 April 1968 through 20 December 1968. He was further assigned to Company E, 2d Battalion, 27th Infantry Regiment, from 21 December 1968 through 23 March 1969.
4. He was promoted to the rank of sergeant on 10 March 1969. He participated in five campaigns and departed Vietnam on 24 March 1969 for assignment to Fort Hood, Texas. He remained at Fort Hood until he was honorably released from active duty on 3 October 1969.
5. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Combat Infantryman Badge, Purple Heart, Bronze Star Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal. A silver service star is worn in lieu of five bronze service stars.
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 2d Battalion, 27th Infantry Regiment, was awarded the:
* Valorous Unit Award for the period 15-16 June 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966-August 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966-21 January 1970
DISCUSSION AND CONCLUSIONS:
1. The applicant participated in five campaigns during his service in Vietnam and is thus entitled to wear one silver service star on his already-awarded Vietnam Service Medal and to have this service star entered on his DD Form 214.
2. The applicant's unit was awarded the Valorous Unit Award and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit which are not shown on his DD Form 214. Therefore, he is entitled to have these unit awards added to his DD Form 214.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 award of the Vietnam Service Medal from his DD Form 214
* adding award of the Vietnam Service Medal with one silver service star, Valorous Unit Award, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his 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) AR20130017874
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ABCMR Record of Proceedings (cont) AR20130017874
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