IN THE CASE OF:
BOARD DATE: 16 July 2015
DOCKET NUMBER: AR20140020052
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, award of a bronze service star and its addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his paperwork was incomplete at the time of his transfer from Vietnam as their unit was a signal combat unit with very limited personnel and poor record keeping. He was awarded a bronze service star by the 66th Infantry Platoon (Combat Trackers) prior to his departure from Vietnam, but this award was not included in his records due to a clerical shortage. His unit had little supervision, administration, and kept few records. He participated in numerous firefights and was awarded the Combat Infantryman Badge.
3. The applicant provides copies of his DD Form 214 and a letter from the Department of Veterans Affairs (VA).
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 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 insufficient bases to waive the statute of limitations.
2. The applicant was inducted into the Army of the United States on 17 July 1968. He held military occupational specialty 11F (scout dog handler).
3. He served in Vietnam from 15 November 1969 through on or about 6 July 1970 during three campaigns. He was assigned to the:
* 38th Infantry Platoon Scout Dogs Platoon, 25th Infantry Division, from 26 November 1969 through 16 January 1970
* 66th Infantry Platoon (Combat Trackers), 25th Infantry Division, from 17 January through on or about 6 July 1970
4. He was honorably released from active duty in pay grade E-4 on 9 July 1970. He was credited with completing 1 year, 11 months, and 23 days of active service. His DD Form 214 lists the:
* Combat Infantryman Badge
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* one overseas service bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
5. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Records) lists the same awards as listed on his DD Form 214 and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
6. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized for wear on the Vietnam Service Medal to denote participation in a named campaign.
7. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his units were cited for the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period of 1 September 1968 through 30 September 1970 by DA General Orders (DAGO) Number 5, dated 1973 and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 November 1966 through 21 January 1970 by DAGO Number 51, dated 1971.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in Vietnam during three campaigns; therefore, he is entitled to award of three bronze service stars to be added to already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.
2. He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) during his period of service. Therefore, his DD Form 214 should be corrected to show this award.
3. GO awarded his units the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation during his period of service in Vietnam. Therefore, his DD Form 214 should be corrected 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:
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:
* Vietnam Service Medal with three bronze service stars
*
Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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) AR20140020052
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ABCMR Record of Proceedings (cont) AR20140020052
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