IN THE CASE OF:
BOARD DATE: 26 March 2015
DOCKET NUMBER: AR20140013705
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 the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation and the Valorous Unit Award (VUA).
2. The applicant states, in effect, he is authorized the above medals as a result of his service in Vietnam.
3. The applicant provides information on unit citations awarded to the 23rd Infantry Division (Americal) and assigned units and an article on rare and unusual medals.
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 30 July 1968. After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:
a. Item 31 (Foreign Service) shows he served a tour of duty in the RVN beginning on 7 January 1969.
b. Item 38 (Record of Assignments) shows that during the period 21 January 1969 to 1 January 1970 he served as rifleman with Company B, 3rd Battalion, 1st Infantry, 11th Infantry Brigade in the RVN.
c. Item 41 (Awards and Decorations) shows the following:
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge (CIB)
* Army Commendation Medal (3rd Award) with" V" Device
* Army Good Conduct Medal (AGCM)
* RVN Campaign Medal with Device (1960)
* Overseas Service Bars (2)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
4. On 29 July 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 issued at that time, as amended by a DD Form 215 (Correction to DD Form 214) issued on 19 January 2011, shows he was awarded or authorized the following:
* NDSM
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* ARCOM (3rd Award) with "V" Device
* RVN Campaign Medal with Device (1960)
* VSM
* ACGM
* Overseas Service Bars (2)
* CIB
5. Army Regulation 600-8-22 (Military Awards) provides for award of the VSM. Appendix B shows the campaigns for Vietnam. During his tour in Vietnam he participated in three campaigns: the Tet 69/Counteroffensive; the Vietnam Summer - Fall 1969; and the Vietnam Winter Spring 1970. This same regulation states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.
6. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows Company B, 3rd Battalion, 1st Infantry was cited for the following awards:
* VUA for the period 11 August 1969 through 31 August 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1972
* RVN Gallantry Cross with Palm Unit Citation for the period 24 August 1969 through 31 December 1969 by DAGO 42, dated 1972
DISCUSSION AND CONCLUSIONS:
1. He served with the 3rd Battalion, 1st Infantry during a period the unit was awarded by general orders the RVN Gallantry Cross with Palm Unit Citation and the VUA. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
2. Records show he was awarded the VSM and he participated in three campaigns. Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on his previously 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 the VSM; and
b. adding the following to his DD Form 214:
* RVN Gallantry Cross with Palm Unit Citation
* VSM with three bronze service stars
* VUA
_______ _ __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) AR20140013705
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ABCMR Record of Proceedings (cont) AR20140013705
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