IN THE CASE OF:
BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130018735
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 Army Commendation Medal (ARCOM), Army Good Conduct Medal (AGCM), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and any other awards to which he may be entitled.
2. The applicant states his awards of the ARCOM, AGCM, and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) were omitted from his DD Form 214 and he believes he is entitled to unit awards earned while he was in Vietnam.
3. The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record) and excerpts from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register).
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 11 April 1969. He completed basic training at Fort Bragg, North Carolina, and advanced individual training as a light weapons infantryman at Fort Dix, New Jersey, before being transferred to Vietnam on 4 September 1969 for assignment to the 6th Battalion, 31st Infantry Regiment, 9th Infantry Division.
3. After participating in four campaigns, he departed Vietnam on 3 September 1970 for assignment to Fort Leonard Wood, Missouri, where he remained until he was honorably released from active duty on 9 April 1971 due to the expiration of his term of service. He completed 1 year, 11 months, and 29 days of active service. His DD Form 214 shows he was awarded the National Defense Service Medal, Combat Infantryman Badge, Purple Heart, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal with three bronze service stars, Air Medal (3rd Award), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.
4. A review of his official records shows he qualified as Sharpshooter with the
M-14 rifle and as Expert with the M-16 rifle. His records also contain orders awarding him the ARCOM and AGCM (1st Award).
5. Army Regulation 600-8-22 (Military Awards) states a bronze service star will be worn on the appropriate service medal based on qualifying service for each campaign listed in appendix B, including the Vietnam Service Medal.
6. 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 his unit was cited for award of the Valorous Unit Award (VUA), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period the applicant served with the unit.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the ARCOM, AGCM (1st Award), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and is entitled to have those awards added to his DD Form 214.
2. Additionally, he participated in four campaigns and is authorized four bronze service stars with his already-awarded Vietnam Service Medal and to have these service stars added to his DD Form 214.
3. The applicant's unit was awarded the VUA, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit; 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:
1. 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 the award of the Vietnam Service Medal with three bronze service stars from his DD Form 214
* adding the following awards to his DD Form 214
* ARCOM
* AGCM (1st Award)
* Vietnam Service Medal with four bronze service stars
* VUA
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.
The applicant and all Americans should be justifiably proud of his service in arms.
____________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) AR20130018735
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ABCMR Record of Proceedings (cont) AR20130018735
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