IN THE CASE OF:
BOARD DATE: 2 September 2014
DOCKET NUMBER: AR20140000698
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) ending on 13 October 1967 to show all the awards, to include foreign awards and unit citations, he is entitled to.
2. The applicant states there is an inconsistency with the records review from the National Personnel Records Center (NPRC) and this DD Form 214. Some awards were issued after he was discharged. He was unaware this could be changed.
3. The applicant provides copies of the following:
* U.S. Navy (USN) records
* DD Form 214
* letters from the NPRC and Army Review Boards Agency (ARBA)
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 provide in the statute of limitations, the ABCMR has elected to conduct a
substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant enlisted in the Regular Army on 21 December 1964, with prior USN enlisted service. He served in military occupational specialty 57H (cargo handler).
3. Special Orders (SO) Number 30, issued by Headquarters, 2nd Training Regiment, Fort Leonard Wood, MO, on 11 February 1965, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
4. He served in:
* Germany from 28 March 1965 through 28 May 1966
* Vietnam from 11 August 1966 through on or about 13 October 1967 during two campaigns and was assigned to the 410th Transportation Company
5. He was honorably released from active duty in pay grade E-5 on 13 October 1967, and he was transferred to the U.S. Army Reserve Control Group (Annual Training). He was credited with completing 2 years, 9 months, and 23 days of net active service during the period under review with 3 days of time lost. His DD Form 214 list the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
6. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists the same awards as listed on his DD Form 214.
7. Army Regulation 600-8-22 (Military Awards) paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
8. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 410th Transportation Company, was cited for award of the Meritorious Unit Commendation, for the period 1 September 1966 through 6 March 1967, by DA General Orders (DAGO) Number 17, dated 1968.
9. DA Pamphlet 672-3 ,paragraph 6d states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to:
a. Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and
b. Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. SO awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). Therefore, his DD Form 214 ending on 13 October 1967 should be corrected to show this badge.
2. He served in Vietnam during two campaigns; therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.
3. His unit in Vietnam was cited for award of the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. Therefore, he is entitled to correction of this DD Form 214 to show these unit awards.
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 the Marksmanship Marksman Qualification Badge with Rifle Bar (M-14) and
b. adding to this DD Form 214 the:
* Vietnam Service Medal with two bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Meritorious Unit Commendation
* 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) AR20140000698
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ABCMR Record of Proceedings (cont) AR20140000698
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