IN THE CASE OF:
BOARD DATE: 22 July 2014
DOCKET NUMBER: AR20130018920
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 Presidential Unit Citation.
2. The applicant states the Presidential Unit Citation was not awarded to his unit until after he separated. Therefore, it was not posted to his DD Form 214.
3. He provides a Presidential Unit Citation Certificate and a narrative description of this unit award.
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 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 10 December 1963. He was advanced through the enlisted ranks to the rank/grade of sergeant (SGT)/E-5.
3. His records contain a DA Form 20 (Enlisted Qualification Record) which shows in:
a. item 31 (Foreign Service), he served in the Republic of Vietnam from 17 August through 21 December 1965; and
b. item 38 (Record of Assignments), he performed duties as a machine gunner in Vietnam while assigned to Company B, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division.
4. On 22 December 1965, he was honorably released from active duty after completing 2 years and 13 days of total active service. His DD Form 214 shows in:
a. item 24c (Foreign and/or Sea Service), he completed 4 months and 7 days of foreign service; and
b. item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the:
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14), Rifle Bar (M-16), and Machine Gun Bar (M-60)
* Vietnam Service Medal
* Army Good Conduct Medal (1st Award)
5. References:
a. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
b. Army Regulation 600-8-22 states a bronze service star is authorized with award of the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Appendix B shows the Vietnam Defense Campaign was conducted during his period of service in Vietnam.
c. 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 unit to which the applicant was assigned was cited for award of the:
(1) Presidential Unit Citation for the period 23 October to 26 November 1965 in Department of the Army General Orders (DAGO) Number 40, dated 1967; and
(2) Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 in DAGO Number 59, dated 1969.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention was carefully considered and determined to have merit.
2. His unit in Vietnam was cited for award of Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for actions during his tenure. Therefore, his DD Form 214 should be corrected to show these unit awards.
3. Records show the applicant participated in one campaign while serving Vietnam. Therefore, he is entitled to one bronze service star with his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this service star.
4. The evidence shows the applicant completed a period of qualifying service for award of the National Defense Service Medal. Therefore, this service medal should be 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:
a. deleting award of the Vietnam Service Medal from his DD Form 214 and
b. adding the following awards to his DD Form 214:
* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Presidential Unit Citation
* Republic of Vietnam 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) AR20130018920
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ABCMR Record of Proceedings (cont) AR20130018920
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