IN THE CASE OF:
BOARD DATE: 28 July 2015
DOCKET NUMBER: AR20140020849
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 Army Commendation Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
2. The applicant states he was awarded the Army Commendation Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) but they are not shown on his DD Form 214.
3. The applicant provides:
* DD Form 214
* Transmittal of award memorandum
* General Orders (GO) Number 485 (Army Commendation Medal)
* Award recommendation
* Army Commendation Medal certificate and citation
* Separation orders
* DA Form 1811 (Physical and Mental Status on Release from Active Service)
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's records show he was inducted into the Army of the United States on 17 May 1967 and he held military occupational specialty 73C (Pay Specialist).
3. Special Orders (SO) Number 192, issued by Headquarters, U.S. Army Training Center, Fort Leonard Wood, MO on 11 July 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
4. SO Number 230, issued by Headquarters, U.S. Army Training Center, Fort Sill, OK, on 18 October 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).
5. He served in Vietnam from on or about 25 November 1967 to on or about 20 December 1968. He was assigned to Service Battery, 6th Battalion, 14th Artillery.
6. GO Number 495, issued by Headquarters, I Field Force Vietnam Artillery on 13 December 1968 awarded him the Army Commendation Medal for meritorious service from November 1967 to November 1968.
8. He was honorably released from active duty in the rank/grade of sergeant/E-5 on 21 December 1968. His DD Form 214 shows he was awarded or authorized the:
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars
9. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star denotes five bronze service stars.
* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive, 30 January - 1 April 1968
* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968
* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969
10. Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service with the Service Battery, 6th Battalion, 14th Artillery from November 1967 to December 1968, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service from 23 October 1965 to 23 June 1970 by DAGO Number 55, dated 1971
DISCUSSION AND CONCLUSIONS:
1. GO awarded the applicant the Army Commendation Medal; therefore, his DD Form 214 should be corrected to show this award.
2. He was awarded the Vietnam Service Medal. He also participated in five campaigns during his service in Vietnam. Therefore, he is entitled to a silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this service star.
3. His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 should be corrected to show this unit award.
4. SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16); therefore, his DD Form 214 should be corrected to show these badges.
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:
* Army Commendation Medal
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
____________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) AR20140020849
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