IN THE CASE OF:	

		BOARD DATE:	  19 June 2014

		DOCKET NUMBER:  AR20130018284 


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 award of the Bronze Star Medal.

2.  The applicant states he was awarded the Bronze Star Medal, but it was not added to his DD Form 214.

3.  The applicant provides his Bronze Star Medal Citation and 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 was inducted into the Army of the United States on 2 April 1968.  He held military occupational specialty 05B (Radio Operator) and attained the rank/grade of specialist four/E-4.

3.  Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, Special Orders Number 145, dated 24 May 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, 25th Infantry Division, Vietnam, General Orders Number 9955, dated 2 August 1969, awarded him the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period 1968-1969.

5.  Headquarters, 25th Infantry Division, Vietnam, General Orders Number 14878, dated 1 December 1969 awarded him the Bronze Star Medal for meritorious achievement in the Republic of Vietnam during the period 
1-31 October 1969.

6.  His DA Form 20 (Enlisted Qualification Record) shows:

* he qualified as Sharpshooter with the M-14 rifle on 24 May 1968
* he qualified as Sharpshooter with the M-16 rifle on 19 September 1968
* he was assigned to Vietnam from 14 October 1968 to 4 November 1969 and he served with Headquarters and Headquarters Company, 2nd Battalion, 27th Infantry, 25th Infantry Division, from 24 October 1968 to 4 November 1969

7.  He was honorably released from active duty on 5 November 1969 after completing 1 year, 7 months, and 4 days of net active service.  His DD Form 214 shows in:

	a.  item 22c (Foreign and/or Sea Service), he completed 1 year and 22 days of foreign service but does not contain the name of the major overseas theater or command, in his case, U.S. Army Pacific (USARPAC);

	b.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

	c.  item 30 (Remarks), no entry for Vietnam service.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for award of the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in and a silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following five campaigns:

* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)

9.  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 2nd Battalion, 27th Infantry, was cited for award of the:

* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970 in Department of the Army General Orders Number 51, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 in Department of the Army General Orders Number 5, dated 1973

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.

	a.  For item 22c, enter the total active duty performed outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed.  For example, for service in Vietnam, enter "USARPAC."

	b.  For item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized from the individual's DA Form 20, omitting authorities cited therein.

	c.  For item 30, indicate Indochina and Korea service performed on or after 5 August 1964 by entering the inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea.  Where the records reflect assignment to Vietnam, show "yes" for Indochina.  To show service in Vietnam only, enter "Vietnam – 14 October 1968 to 4 November 1969, Indochina – Yes, Korea – No."

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal and Army Commendation Medal.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  His DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

3.  The evidence of record shows he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show one silver service star with his previously-awarded Vietnam Service Medal.

4.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period of his assignment.  Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

5.  Item 22c of his DD Form 214 does not show he served in USARPAC.  Therefore, he is entitled to correction of his DD Form 214 to show the location of his foreign service.

6.  Item 30 of his DD Form 214 does not show his dates of Vietnam service.  Therefore, he is entitle to correction of his DD Form 214 to show the entry "Vietnam – 14 October 1968 to 4 November 1969, Indochina – Yes, Korea – No."

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:

	a.  deleting award of the Vietnam Service Medal from his DD Form 214;

	b.  adding the entry "USARPAC" to item 22c of his DD Form 214;

	c.  adding the following awards to his DD Form 214:

* Bronze Star Medal
* Army Commendation Medal
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

	d.  adding the entry " Vietnam – 14 October 1968 to 4 November 1969, Indochina – Yes, Korea – No" to item 30 of 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)                                         AR20130018284



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ABCMR Record of Proceedings (cont)                                         AR20130018284



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