IN THE CASE OF:
BOARD DATE: 8 September 2015
DOCKET NUMBER: AR20150001040
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 additional awards and decorations to which he may be entitled for his service in Vietnam.
2. The applicant states he served in Vietnam and the only medal listed on his DD Form 214 is the Vietnam Service Medal (VSM).
3. The applicant provides:
* reassignment orders, dated 22 January 1966
* 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 13 February 1964. He trained as a pioneer. His DA Form 24 (Service Record) shows:
* he served in Vietnam from 20 October 1965 to on or about 31 January 1966
* he was assigned to Company E, 1st Engineer Battalion, during his tour of duty in Vietnam
3. He participated in the Vietnam Defensive Campaign and Vietnam Counteroffensive Campaign during his assignment in Vietnam.
4. On 2 February 1966, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the:
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Letter of Appreciation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* VSM
* Army Good Conduct Medal
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.
c. A bronze service star is worn on the VSM for 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 the 1st Engineer Battalion was awarded the:
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by Department of the Army General Orders Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by Department of the Army General Orders Number 53, dated 1970
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 shows the VSM as an authorized award. However, he participated in two campaigns during his assignment in Vietnam which authorizes him award of the VSM with two bronze service stars. His DD Form 214 should be corrected to show these service stars.
2. His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards.
3. He served a qualifying period for award of the NDSM. Therefore, his DD Form 214 should be corrected to show this medal.
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 VSM from his DD Form 214; and
b. adding the following awards to his DD Form 214:
* NDSM
* VSM with two bronze service stars
*
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) AR20150001040
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ABCMR Record of Proceedings (cont) AR20150001040
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