IN THE CASE OF: BOARD DATE: 10 December 2015 DOCKET NUMBER: AR20150004856 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), for the period ending 3 September 1971, to show he was awarded or authorized the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 2. The applicant states: a. He is authorized the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation because he served with the 1st Infantry Division during the period 1 October 1965 to 7 April 1970. As proof, he was awarded the Purple Heart for wounds incurred on 21 October 1969, as awarded by General Orders Number 5044, issued by Headquarters, 1st Infantry Division on 24 March 1970. b. He is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation because he served with the 9th Infantry Division during the period 29 July 1969 to 20 July 1970. As proof, he was awarded the Purple Heart for wounds incurred on 22 March 1970, as awarded by General Orders Number 75, issued by Headquarters, 3rd Brigade, 9th Infantry Division on 22 June 1970. 3. The applicant provides copies of: * DD Form 214, for the period ending 3 September 1971 * DD Form 215 (Correction to DD Form 214), dated 29 March 1978 * General Orders Number 5044, issued by Headquarters, 1st Infantry Division on 24 March 1970 * General Orders Number 75, issued by Headquarters, 3rd Brigade, 9th Infantry Division on 22 June 1970 * Department of the Army General Orders (DAGO) Number 53, dated 22 October 1970 * DAGO Number 55, dated 20 December 1971 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 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 enlisted in the Regular Army on 28 October 1968. He completed his initial entry training and was awarded MOS 11B (Light Weapons Infantryman). The highest rank/grade he attained during his period of active military service was sergeant/E-5. 3. Special Orders Number 24, issued by Headquarters, 3rd Advanced Individual Training (AIT) Brigade, Fort Jackson, South Carolina on 7 February 1969, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), effective 30 January 1969. 4. Special Orders Number 40, issued by Headquarters, 3rd AIT Brigade, Fort Jackson, South Carolina on 6 March 1969, awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), effective 6 February 1969. 5. His DA Form 20 (Enlisted Qualification Record) shows the following entries: a. Item 31 (Foreign Service) shows he served in the Republic of Vietnam from on or about 4 October 1969 through on or about 8 May 1971. b. Item 38 (Record of Assignments) shows he was assigned to: (1) Company A, 1st Battalion, 2nd Infantry Regiment, 1st Infantry Division, from on or about 14 October 1969 through on or about 3 April 1970; (2) Company A, 2nd Battalion, 47th Infantry Regiment, 9th Infantry Division, from on or about 4 April 1970 through on or about 24 September 1970; and (3) Company C, 87th Infantry Regiment, from on or about 25 September 1970 through on or about 8 May 1971. c. Item 41 (Awards and Decorations) shows he was awarded or authorized the following: * Purple Heart (1st Oak Leaf Cluster) * Air Medal * Army Commendation Medal (1st Oak Lear Cluster) * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * 2 overseas service bars 6. He was honorably released from active duty on 12 September 1968 and was transferred to the U.S. Army Reserve (USAR). His DD Form 214 for this period of service shows he was awarded or authorized the following awards and decorations: * Purple Heart * Air Medal * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal with 2 bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge 7. A DD Form 215 was created on 29 March 1978, which amended his DD Form 214 by adding the Army Commendation Medal (1st and 2nd Oak Leaf Clusters) and the Purple Heart (1st Oak Leaf Cluster). 8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides, in pertinent part, that a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in the Republic of Vietnam, the applicant participated in the following four campaigns: * Vietnam Summer – Fall 1969 (9 June 1969 – 31 October 1969) * Vietnam Winter – Spring 1970 (1 November 1969 – 30 April 1970) * Sanctuary Counteroffensive (1 May 1970 – 30 June 1970) * Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971) 9. 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: a. Company A, 1st Battalion, 2nd Infantry Regiment, to which the applicant was assigned, was cited for the following awards during the period in which he was assigned (on or about 14 October 1969 through on or about 3 April 1970): * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period 23 September 1969 through 15 February 1970, by Department of the Army General Orders (DAGO) Number 2, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service during the period 1 October 1965 through 7 April 1970, by DAGO Number 53, dated 1970 b. Company A, 2nd Battalion, 47th Infantry Regiment, to which the applicant was assigned, was cited for the following awards during the period in which he was assigned (on or about 4 April 1970 through on or about 24 September 1970): * Valorous Unit Award, for service during the period 1 May through 29 June 1970, by DAGO Number 43, dated 1972 * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period 29 July 1969 through 20 July 1970, by DAGO Number 55, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service during the period 26 July 1969 through 20 July 1970, by DAGO Number 55, dated 1971 10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his DD Form 214, for the period ending 3 September 1971, to show he was awarded or authorized the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation was carefully considered. 2. The applicant participated in four campaigns during his service in Vietnam; however, his DD Form 214 credits him with participating in only two campaigns. 3. His units of assignment in the Republic of Vietnam were cited for award of the Valorous Unit Award, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award). These unit awards are not shown on the applicant's DD Form 214. 4. Special orders awarded him the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). These marksmanship badges are not shown on the applicant's 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 amending his DD Form 214, for the period ending 3 September 1971, by deleting the Vietnam Service Medal with 2 bronze service stars and adding the following awards: * Vietnam Service Medal with 4 bronze service stars * Valorous Unit Award * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) ___________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) AR20090005696 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004856 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1