IN THE CASE OF:
BOARD DATE: 29 January 2015
DOCKET NUMBER: AR20140009495
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 all awards he may be entitled to receive.
2. He states it is his opinion that he is missing the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation and other unit citations. He adds that he served with the 1st Cavalry Division.
3. He provides his DD Form 214.
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 14 July 1965. He served in the RVN from 13 February 1967 to 9 February 1968 and he was assigned to both Battery B and C, 4th Battalion, 60th Artillery, First Field Force Vietnam Artillery. He was honorably released from active duty on 15 July 1968 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) with one bronze service star
* RVN Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)
* One Overseas Service Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
4. The applicant's record is void of any evidence that shows he served with the 1st Cavalry Division while assigned in the RVN.
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 shows the 4th Battalion, 60th Artillery was cited for the Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 1, dated 1969 and the RVN Gallantry Cross with Palm Unit Citation by DAGO Number 54, dated 1974 during his assignment.
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 II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)
7. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the overseas service bar. It states a bar, an item of clothing, is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant is authorized to wear the Meritorious Unit Commendation and the RVN Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
2. The evidence also shows he participated in three campaigns during his service in Vietnam. Therefore, he is entitled to three bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.
3. His period of service in Vietnam from February 1967 to February 1968 entitles him to two overseas service bars. Therefore, he is entitled to correction of his DD Form 214 to show these service bars.
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 with one bronze service star and one overseas service bar; and
b. adding to his DD Form 214 the:
* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm 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) AR20140009495
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ABCMR Record of Proceedings (cont) AR20140009495
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