IN THE CASE OF:	  

		BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140003855 


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 he was awarded or authorized the:

* Vietnam Service Medal with bronze service stars
* Presidential Unit Citation
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The applicant states several of the medals he earned were omitted from his DD Form 214.  Some, but not all, were added to a DD Form 215 (Correction to DD Form 214).  He has several friends from his unit in Vietnam who received awards he did not receive.

3.  The applicant provides a self-authored statement, dated 31 January 2014.

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 9 August 1957, after prior enlisted service, the applicant enlisted in the Regular Army.  He held military occupational specialty 131.60 (Armor Crewman).  
3.  Special Orders Number 167, issued by the 1st Medium Tank Battalion,      67th Armor Regiment, Fort Hood, TX on 29 December 1962, awarded him the Expert Marksmanship Qualification Badge with Pistol Bar (.45 caliber).

4.  He was honorably discharged for immediate reenlistment on 1 April 1963.  His DD Form 214 shows he was awarded or authorized the:

* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Army of Occupation Medal with Germany Clasp

5.  Special Orders Number 87, issued by the 6th Special Forces Group,            1st Special Forces, Fort Bragg, NC, on 4 June 1964, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  His DA Form 20 (Enlisted Qualification Record) shows he served in Germany from 15 October 1954 to 26 November 1957 and from 8 August 1958 to              6 October 1962.  He served in Vietnam from 21 November 1965 to 4 October 1966.  He served with Headquarters and Headquarters Company, 5th Special Forces Group, 1st Special Forces from 22 November 1965 to 30 September 1966.

7.  He was honorably discharged on 1 April 1969.  His DD Form 214 and subsequent DD Form 215 shows he was awarded or authorized the:

* Bronze Star Medal with "V" Device
* Air Medal
* Army Commendation Medal
* Army Good Conduct Medal (4th Award)
* National Defense Service Medal (2nd Award)
* Army of Occupation Medal with Germany Clasp
* Vietnam Service Medal 
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge (listed twice)
* Parachutist Badge
8.  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 will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that during his service in Vietnam, he was awarded participation credit for the following three campaigns:

* Vietnam Defense Campaign (8 March 1965 - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive, Phase II (1 July 1966 - 31 May 1967)

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) confirms that during the period of the applicant’s service, the 5th Special Forces Group, 1st Special Forces, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period    1 October 1964 to 1 May 1969, by DAGO Number 59, dated 1969.

10.  The 5th Special Forces Group, 1st Special Forces was cited for award of the Presidential Unit Citation, for the period 1 November 1966 to 31 January 1968, and the Meritorious Unit Commendation, for the period 31 January 1968 to          31 December 1968.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to correction of his 
DD Form 214, for the period ending on 1 April 1969, to show three bronze service stars affixed to his previously-awarded Vietnam Service Medal.

2.  The 5th Special Forces Group, 1st Special Forces, his unit of assignment during his service in Vietnam, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period of his assignment.  Therefore, he is entitled to correction of his DD Form 214, for the period ending on 1 April 1969, to add this unit award.  

3.  The 5th Special Forces Group, 1st Special Forces was awarded the Presidential Unit Citation and the Meritorious Unit Commendation; however, these unit awards cited periods in which the applicant was not assigned.  Therefore, he is not entitled to have this award added to his DD Form 214. 

4.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his DD Form 214 to add this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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, for the period ending 1 April 1969, to delete the Vietnam Service Medal and add the:

* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains the Presidential Unit Citation and the Meritorious Unit Commendation.  



      ____________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)                                         AR20140003855





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ABCMR Record of Proceedings (cont)                                         AR20140003855



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