IN THE CASE OF: 

		BOARD DATE:	  17 April 2014

		DOCKET NUMBER:  AR20130013942 


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 any awards and decorations to which he may be entitled.

2.  The applicant states:

* he wants to add any and all awards, citations, unit citations, ribbons, and medals due to him that are not listed on his DD Form 214
* he has seen DD Forms 215 (Correction to DD Form 214) from others he served with and these additions were listed on a DD Form 215

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 8 December 1965.  He arrived in Vietnam on 13 September 1966.  He served as a light weapons infantryman assigned to Company C, 3rd Battalion, 12th Infantry Regiment, 4th Infantry Division, from 13 September 1966 to 12 September 1967.  On 13 September 1967, he was honorably released from active duty.

3.  Records show he participated in two campaigns during his assignment in Vietnam.

4.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  His records contain a DD Form 215, dated 8 October 2008, which amended his DD Form 214 by deleting award of the VSM and adding the:

* Army Commendation Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* VSM with one bronze service star

6.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

7.  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 3rd Battalion, 12th Infantry Regiment, was cited for award of the:

* Presidential Unit Citation (PUC) for actions during the period 18-26 May 1967 in Department of the Army General Orders Number 69, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation in Department of the Army General Orders Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit in Vietnam was cited for award of the PUC and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  His DD Form 214 should be corrected to show these unit awards.

2.  A DD Form 215 amended his DD Form 214 to show award of the VSM with one bronze service star, but he participated in two campaigns during his assignment in Vietnam.  Therefore, his DD Form 214 should be corrected to show two bronze service stars.

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:

	a.  deleting award of the VSM with one bronze service star from his DD Form 214 and

	b.  adding the following awards to his DD Form 214:

* VSM with two bronze service stars
* PUC
* 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)                                         AR20130013942



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ABCMR Record of Proceedings (cont)                                         AR20130013942



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