IN THE CASE OF: BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150004477 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 Valorous Unit Award. 2. The applicant states, in effect, the award was authorized after his discharge. He never received it and it was not entered on his DD Form 214. 3. The applicant provides: * DD Form 214 * General Orders (GO) Number 346, Army Commendation Medal with "V" Device * Internet printout of the Valorous Unit Award 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 24 April 1968 and he held military occupational specialty 11B (Light Weapons Infantryman). 3. Headquarters, U.S. Army Training Center, Fort Dix, NJ published the following Special Orders (SO): * SO Number 200, on 18 July 1968, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * SO Number 215, on 2 August 1968, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 4. SO Number 257, issued by Headquarters, U.S. Army Training Center, Fort Polk, LA on 10 October 1968 awarded him the 1st Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60). 5. He served in Vietnam from on or about 25 November 1968 to 19 November 1969. He was assigned to Company C, 1st Battalion, 61st Infantry, 1st Infantry Brigade, 5th Infantry Division (Mechanized). 6. Headquarters, XXIV Corps, Vietnam, published GO Number 1822, on 17 October 1969, awarding him the Bronze Star Medal for meritorious service from November 1968 to November 1969. 7. Headquarters, 5th Infantry Division, published GO Number 346, on 25 March 1970, awarding him the Army Commendation Medal with "V" Device for heroism on 13 November 1969. 8. He was honorably released from active duty in the rank/grade of specialist four/E-4 on 18 December 1969. He completed 1 year, 7 months, and 25 days of active service and he had 11 days of lost time. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Combat Infantryman Badge * Purple Heart 9. Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam campaign participation credit was awarded for the following 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 V, 1 July - 1 November 1968 * Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969 * Tet 69/Counteroffensive, 23 February - 8 June 1969 * Vietnam Summer - Fall 1969, 9 June - 31 October 1969 * Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970 10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 1st Battalion, 61st Infantry, from 25 November 1968 to 24 November 1969, in Vietnam, this unit was cited for award of the Valorous Unit Award, for service from11 to 15 November 1969, by Department of the Army (DAGO) Number 52, dated 1974. 11. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. GO awarded the applicant the Bronze Star Medal and Army Commendation Medal with "V" Device. Neither award is shown on his DD Form 214. 2. He was awarded the Vietnam Service Medal. He also participated in five campaigns during his service in Vietnam. He meets the criteria for one silver service star for wear on his already-awarded Vietnam Service Medal. 3. GO awarded his unit in Vietnam the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Neither unit award is listed on his DD Form 214. 4. SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60). None of these badges are shown on his DD Form 214. 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: * deleting from his DD Form 214 the Vietnam Service Medal * adding to his DD Form 214 the: * Bronze Star Medal * Army Commendation Medal with "V" Device * Vietnam Service Medal with silver service star * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60 ____________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) AR20150004477 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004477 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1