IN THE CASE OF:	  

		BOARD DATE:	  22 July 2014

		DOCKET NUMBER:  AR20130020295 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 14 December 1973 to show award of the:

* Army Commendation Medal (ARCOM)
* Air Medal
* Bronze Star Medal (BSM) with "V" Device
* Purple Heart

2.  He states his record was in error because the information needed to make him eligible for the above listed awards was not a part of his official military file at the time of his discharge.

3.  He provides:

* Self-authored statement
* DD Form 214
* Congressional correspondence
* Permanent Orders Number:

* 292-18, dated 18 October 2012
* 250-17, dated 6 September 2012
* 208-28, dated 26 July 2012
* 202-07, dated 20 July 2012

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 enlisted in the Regular Army (RA) on 4 January 1966.  He served in the Republic of Vietnam (RVN) from 16 December 1967 to 
11 December 1968.  

3.  General Orders Number 2080, issued by Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, dated 2 December 1968, awarded the applicant the ARCOM for meritorious service in connection with military operations against a hostile force in the RVN during the period 16 December 1967 to 15 December 1968.  The standard name line shows his unit of assignment as Headquarters and Headquarter Company, 5th Special Forces Group, 1st Special Forces.

4.  On 11 December 1968, he was honorably released from active duty as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was credited with completing 2 years, 11 months, and
8 days of active duty service.  His DD Form 214 for the period ending on 
11 December 1968 shows the:

* National Defense Service Medal
* Vietnam Service Medal (VSM) 
* RVN Campaign Medal with Device (1960)
* Combat Medical Badge
* Parachutist Badge
* Meritorious Unit Commendation
* Expert Marksmanship Qualification Badge with Machinegun Bar 
(.30 Caliber)
* Two overseas service bars


5.  On 1 December 1970, the applicant again enlisted in the RA.  He served 3 years and 14 days and was honorably discharged on 14 December 1973.  His
DD Form 214 for this period of service shows the:

* Army Good Conduct Medal
* Scuba Divers Badge
* ARCOM

6.  Permanent Orders Number 202-07, issued by the U.S. Army Human Resources Command (HRC), dated 20 July 2012, awarded the applicant the Purple Heart for wounds received as a result of hostile action on 20 August 1968.

7.  Permanent Orders Number 208-28, issued by HRC, dated 26 July 2012, awarded the applicant the BSM with "V" Device for valorous achievement during the period 19 to 20 August 1968.

8.  Permanent Orders Number 250-17, issued by HRC, dated 6 September 2012, awarded the applicant the Air Medal for meritorious service during the period
30 June 1968 to 31 December 1969.

9.  Permanent Orders Number 292-18, issued by HRC, dated 18 October 2012, awarded the applicant the ARCOM for meritorious service during the period 
2 July to 20 December 1968.

10.  In addition to the awards listed on both of his DD Forms 214, Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows his award as the:

* Presidential Unit Citation, by Department of the Army General Orders (DAGO) Number 45, dated 16 July 1969
* RVN Gallantry Cross with Palm Unit Citation by DAGO Number 59, dated 25 December 1969
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

11.  Army Regulation 600-8-22 (Military Awards) states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the ARCOM.  The numeral 2 denotes the second award of the ARCOM.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the 5th Special Forces Group, 1st Special Forces was cited for the RVN Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48, dated 1971.
13.  Army Regulation 600-8-22 contains the regulatory guidance on the VSM and states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star is worn instead of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders verify he was awarded the Purple Heart, BSM with "V" Device, Air Medal, and the ARCOM.  Additionally, General Orders Number 2080 show he was previously awarded an ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show these awards and two awards of the ARCOM.

2.  His DA Form 20 verifies that his awards included the Presidential Unit Citation, RVN Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these awards and badge.

3.  The evidence of record shows he is also entitled to wear the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show this award.

4.  The evidence also shows he participated in five campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his records to show one silver service star for wear on his already-awarded VSM.

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 for the period ending 14 December 1973 the Army Commendation Medal; and
   
   b.  adding to his DD Form 214 for the period ending 14 December 1973 the:
   
* Bronze Star Medal with "V" Device 
* Army Commendation Medal (2nd Award)
* Air Medal
* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal with one silver star 
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Medical Badge
* Parachutist Badge
* Meritorious Unit Commendation
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation,
* Expert Marksmanship Qualification Badge with Rifle Bar and (M-16) 
* Expert Marksmanship Qualification Badge with Machinegun Bar and 
  (.30 Caliber)
* 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.


ABCMR Record of Proceedings (cont)                                         AR20130020295





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ABCMR Record of Proceedings (cont)                                         AR20130020295



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