IN THE CASE OF
BOARD DATE: 18 August 2015:
DOCKET NUMBER: AR20150000767
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 his authorized awards.
2. The applicant states all his authorized awards are not listed on his DD Form 214.
3. The applicant provides a copy of 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 was inducted into the Army of the United States on 23 February 1968. He held military occupational specialty 94B (Cook).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 31 (Foreign Service), he served in Vietnam from 7 September 1968 through 20 August 1969;
b. item 38 (Record of Assignments) that during his service in Vietnam he was assigned to Headquarters and Headquarters Battery, 2nd Battalion, 320th Artillery, 101st Air Cavalry Division, from 24 September 1968 through 11 March 1969 and to Headquarters and Headquarters Battery, 4th Battalion, 77th Artillery, from 12 March 1969 through 23 August 1969; and
c. item 41 (Awards and Decorations), he was awarded the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
4. His record contains general orders Number 3083 published by Headquarters, 101st Airborne Division, dated 7 April 1969, awarding him the Army Commendation Medal for meritorious achievement from 1 October 1968 to 28 February 1969 for his service in Vietnam.
5. He was honorably released from active duty on 22 February 1970 in the rank of specialist four/E-4. He completed 1 year, 11 months, and 28 days of total active service. His DD Form 214 lists his authorized awards as the:
* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Start Medal
6. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any award orders pertaining to the applicant.
7. Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. During his service in Vietnam, the applicant participated in the following four campaigns:
* Counteroffensive Phase V 1 July-1 November 1968
* Counteroffensive Phase VI 2 November 1968-22 February 1969
* Tet 69 Counteroffensive 1969 23 February-8 June 1969
* Vietnam Summer-Fall 1969 9 June-31 October 1969
8. Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. This pamphlet shows the 320th Artillery was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968-14 May 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968-2 May 1970 by DAGO Number 48, dated 1971.
DISCUSSION AND CONCLUSIONS:
1. Orders show he was awarded the Army Commendation Medal and his DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).
2. He participated in four campaigns during his service in Vietnam. Therefore, he is authorized four bronze service stars with his already-awarded Vietnam Service Medal.
3. During his service in Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
4. His DD Form 214 should be corrected to show the aforementioned awards.
BOARD VOTE:
____X____ ___X____ ____X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____ ___ ____ ____ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 award of the Vietnam Service Medal from his DD Form 214 and
b. adding the following awards to his DD Form 214:
* Army Commendation Medal
* Vietnam Service Medal with four bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* 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) AR20100025029
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ABCMR Record of Proceedings (cont) AR20150000767
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