IN THE CASE OF:	   

		BOARD DATE:	  24 July 2014

		DOCKET NUMBER:  AR20130019258 


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 the following corrections to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 8 November 1969:

* change his rank and pay grade to specialist five (SP5)/pay grade E-5
* add the Bronze Star Medal, Army Good Conduct Medal, and the Vietnam Service Medal 

2.  The applicant states the orders for the award of the Bronze Star Medal and his promotion to SP5 are included with his request.

3.  The applicant provides:

* orders promoting him to SP5/E-5
* orders and a certificate awarding him the Bronze Star Medal
* orders awarding him the Army Good Conduct Medal (First 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 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.  On 3 April 1968, he was inducted into the Army of the United States.  

3.  He served in the Republic of Vietnam from 15 September 1968 to 
3 November 1969.  He was assigned to:

* Headquarters and Headquarters Battery, 2nd Battalion, 11th Artillery from 
15 - 20 September 1968
* C Battery, 2nd Battalion, 11th Artillery from 21 September 1968 to 
3 November 1969

4.  Headquarters, 101st Airborne Division issued the following orders concerning the applicant:

	a.  General Orders Number 3191, dated 9 April 1969, awarding him the Army Commendation Medal for meritorious achievement in the Republic of Vietnam from 1 October 1968 to 28 February 1969.

	b.  General Orders Number 8638, dated 10 July 1969, awarding him the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam from 1 October 1968 to 31 May 1969.

	c.  Special Orders Number 277, dated 4 October 1969, transferring him to Fort Dix, NJ, to report 9 November 1969 for separation processing.

	d.  General Orders Number 13457, dated 31 October 1969, awarding him the Army Good Conduct Medal (First Award).

	e.  Special Orders Number 312, dated 8 November 1969, promoting him to SP5 effective 10 October 1969.

5.  On 8 November 1969, he was released from active duty.  His DD Form 214 shows his rank as specialist four (SP4), his pay grade as E4, and his date of rank (DOR) as 25 February 1969.  His DD Form 214 shows he was awarded or is authorized:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that, during the time of the applicant’s assignment to C Battery, 
2nd Battalion, 11th Artillery the unit was awarded the:  

* Presidential Unit Citation (Army) - 10 - 21 May 1969
* Valorous Unit Award - 17 April - 7 May 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation - 19 July 1968 - 14 May 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation - 10 June 1968 - 2 May 1970

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Vietnam Service Medal is authorized for all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  

	b.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  A silver service star is worn in lieu of five bronze service stars.  Authorized service stars will be worn on the appropriate campaign medal, including the Vietnam Service Medal.

	c.  Table B-1 includes the following Vietnam campaigns:

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

	d.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided orders promoting him to SP5/E-5 effective 10 October 1969.  Therefore, his DD Form 214 should be corrected to show he was released from active duty as SP5, pay grade E-5, with a DOR of 10 October 1969.

2.  Orders show he was awarded the Bronze Star Medal, the Army Commendation Medal, and the Army Good Conduct Medal.  Therefore, these awards should be added to his DD Form 214.

3.  Based on his service with C Battery, 2nd Battalion, 11th Artillery he is authorized the:

* Presidential Unit Citation (Army)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

4.  Based on his service in the Republic of Vietnam he is authorized the:

* Vietnam Service Medal with one silver service star and two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)

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 amending his DD Form 214 as follows: 

	a.  Item 5a (Grade, Rate, or Rank) - delete SP4 and enter SP5.
	
	b.  Item 5b (Pay Grade) - delete E4 and enter E-5.

	c.  Item 6 (Date of Rank) - delete 25 February 1969 and enter 10 October 1969.

	d.  adding the following awards:

* Bronze Star Medal
* Army Commendation Medal
* Army Good Conduct Medal (First Award)
* Presidential Unit Citation (Army)
* Valorous Unit Award
* Vietnam Service Medal with one silver service star and two bronze 	service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)



      ___________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)                                         AR20130019258



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ABCMR Record of Proceedings (cont)                                         AR20130019258



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