BOARD DATE: 15 July 2014
DOCKET NUMBER: AR20130018914
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 the:
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
2. The applicant states his DD Form 214 does not show these awards.
3. The applicant provides his DD Form 214 and DD Form 215 (Correction to 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 11 October 1966 and he held military occupational specialty 11B (Light Weapons Infantryman). He served in Vietnam from 29 March 1967 to 27 March 1968 while assigned to the 1st Battalion, 35th Infantry Regiment.
3. He was honorably released from active duty on 10 October 1968 and he was transferred to the U.S. Army Reserve.
4. The DD Form 214 he was issued shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* One Overseas Service Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* First Class Gunner (or Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
5. He was issued a DD Form 215, dated 14 June 1973, which added the following awards to his DD Form 214:
* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
* Combat Infantryman Badge
6. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A review of his records shows that during his service in Vietnam he participated in three campaigns.
7. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar. For Vietnam service, One Overseas Service Bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the Overseas Service Bar.
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 1st Battalion, 35th Infantry Regiment was cited for award of the:
* Valorous Unit Award for the period 22 April 1967 through 20 August 1967 by DA General Orders (DAGO) Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 January 1966 through 1 August 1967 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 31 October 1968 by DAGO Number 53, dated 1970
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms his unit in Vietnam was cited for award of the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards.
2. His record confirms that during his service in Vietnam, he participated in three campaigns. Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.
3. He served in Vietnam over 12 months. Therefore, he is entitled to a second Overseas Service Bar and correction of his DD Form 214 accordingly.
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:
a. deleting from his DD Form 214 the Vietnam Service Medal and One Overseas Service Bar; and
b. adding to his DD Form 214 the:
* Vietnam Service Medal with three bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Two Overseas Service Bars
_______ _ 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.
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