IN THE CASE OF:
BOARD DATE: 13 January 2015
DOCKET NUMBER: AR20140008562
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) to show all awards he may be entitled to receive.
2. He states he believes his record incorrectly lists his decorations, medals, badges, commendations, citations and campaign ribbons awarded or authorized.
3. He provides:
* DD Form 214
* Letter Orders Number 11-1088400, dated 13 November 1970
* DD Form 4 (Enlistment Record - Armed Forces of the United States)
* DA Form 20 (Enlisted Qualification Record)
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 on 6 March 1967. He served in the Republic of Vietnam (RVN) from 30 September 1967 to 23 September 1968 and he was assigned to the 610th Engineer Company. He was honorably released from active duty on 8 March 1970 and credited with completing 3 years of active duty service.
3. His DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
4. Special Order Number 50, issued by Headquarters, 548th Engineer Battalion (Construction), dated 22 April 1969, shows he qualified as a sharpshooter with the M-14 Rifle on 25 March 1969.
5. 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 provides for the award of the RVN Gallantry Cross with Palm Unit Citation to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, U.S. Army Vietnam by DAGO Number 8, dated 1974.
6. Appendix B of Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for wear on the VSM for participation in each campaign. His records indicate he participated in 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)
DISCUSSION AND CONCLUSIONS:
1. Orders verify the applicant qualified as a sharpshooter with the M-14 Rifle. Therefore, he is entitled to correction of his DD Form 214 to show this badge.
2. The evidence of record shows he is authorized to wear the RVN Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his
DD Form 214 to show this unit award.
3. The evidence also shows he participated in four campaigns during his service in Vietnam. Therefore, he is entitled to four bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.
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
b. adding to his DD Form 214 the:
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
__________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) AR20140008562
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ABCMR Record of Proceedings (cont) AR20140008562
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