IN THE CASE OF:	

		BOARD DATE:	  17 September 2015

		DOCKET NUMBER:  AR20150002832 


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 the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased husband, a former service member (FSM), be corrected to show awards of the:

* Bronze Star Medal
* National Defense Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Valorous Unit Award
* RVN Gallantry Cross with Palm Unit Citation
* RVNCivil Action Honor Medal First Class Unit Citation

2.  The applicant states:

* The Bronze Star Medal was awarded for merit by General Orders (GO) Number 655
* The National Defense Service Medal is authorized by an Executive Order
* The Vietnam Campaign Medal is also authorized by law for service during the period 1 March 1961 to 2 March 1973
* The Valorous Unit Award was awarded to the 2nd Battalion, 28th Infantry Regiment during designated operations 
* the RVN Gallantry Cross with Palm Unit Citation 
* The RVN Civil Action Honor Medal First Class Unit Citation was also awarded to the 2nd Battalion, 28th Infantry
* The awards were inadvertently omitted from the FSM’s DD Form 214; the FWSM was assigned to Company C, 2nd Battalion, 28th Infantry in Vietnam 

3.  The applicant provides:

* Letter from the FSM's former battalion commander
* GO Number 655, dated 7 May 1966
* Lineage and Honors of the 2nd Battalion, 28th Infantry 
* FSM's DD Form 214, Honorable Discharge Certificate, and death certificate 

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 FSM's records show he was inducted into the Army of the United States on 29 April 1964 and he held military occupational specialty 11B (Light Weapons Infantryman).

3.  He served in Vietnam from on or about 16 September 1965 to on or about 21 April 1966, a period of 7 months and 2 days.  He was assigned to Company C, 2nd Battalion, 28th Infantry Regiment, 1st Infantry Division. 

4.  He was honorably released from active duty on 28 April 1966 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  His DD Form 214 shows he was awarded or authorized the: 

* Expert Marksmanship Qualification Badge with Rifle Bar
* Combat Infantryman Badge
* Vietnam Service Medal
* Good Conduct Medal

5.  GO Number 655, issued by Headquarters, 1st Infantry Division, on 7 May 1966 awarded him the Bronze Star Medal for meritorious (service ) from 27 December 1965 to 20 April 1966. 
6.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The National Defense Service Medal 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.

	b.  The Republic of Vietnam Campaign Medal with Device (1960) (also known as the Vietnam Campaign Medal) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

	c.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, campaign credit was awarded for two campaigns.  

7.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his assignment to the 2nd Battalion, 28th Infantry in Vietnam this unit was cited for the following awards: 

* Valorous Unit Award, for action on 5 March 1966, by Department of the Army General Orders (DAGO Number  66 dated 1967 
* RVN Gallantry Cross w/Palm Unit Citation, for service from 12 July 1965 to 16 October 1968 by DAGO Number 21 dated  1969
* RVN  Civil Actions Honor Medal First Class Unit Citation for service from October 1965 to 7 April 1970 by DAGO Number 63dated 1970

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the FSM the Bronze Star Medal and he served a qualifying period of service for award of the National Defense Service Medal.  

2.  GO awarded his unit in Vietnam the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation.  
3.  The FSM completed 7 months and 2 days of service in Vietnam which is a qualifying period for award of the RVN Campaign Medal with Device (1960). 

4.  The FSM was awarded the Vietnam Service Medal.  He also participated in two campaigns phases during his service in Vietnam.  He is eligible for two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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 adding to his DD Form 214:

* Bronze Star Medal
* National Defense Service Medal
* RVN  Campaign Medal with Device (1960)
* 2 bronze service stars to his already-awarded Vietnam Service Medal
* Valorous Unit Award
* RVN  Gallantry Cross with Palm Unit Citation
* RVN 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)                                         AR20150002832





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ABCMR Record of Proceedings (cont)                                         AR20150002832



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