IN THE CASE OF: BOARD DATE: 17 December 2015 DOCKET NUMBER: AR20150006064 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 awards he was authorized. 2. The applicant states he is asking that his record be reviewed to see if he received all awards he was authorized based on his service in Vietnam as a door gunner. 3. The applicant provides no additional evidence. 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 17 August 1970 and he held military occupational specialty 11B (Light Weapons Infantryman). 3. Special Orders (SO) Number 331, dated 3 December 1970, issued by Headquarters (HQ), U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, awarded him the: * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Expert Marksmanship Qualification Badge with Pistol Bar (.45 cal) 4. He served in Vietnam from 6 April to 22 December 1971 while assigned as follows from: * 6 April to 18 November 1971, 7th Squadron, 1st Air Cavalry Squadron * 19 November to 4 December 1971, Company C, 2nd Battalion, 506th Infantry Regiment * 5 December to 21 December 1971, 2nd Squadron, 17th Cavalry 5. He was honorably released from active duty on 27 January 1972 and he was transferred to the U.S. Army Reserve. The DD Form 214 he was issued shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Campaign Medal * Vietnam Service Medal * Combat Infantryman Badge * Aircraft Crewmember Badge 6. Army Regulation 600-8-22 (Military Awards) states 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. A review of the applicant's records shows that during his service in Vietnam he participated in three campaigns. 7. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 7th Squadron was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1970 through 31 August 1972, by DA General Orders (DAGO) Number 6, dated 1974. DISCUSSION AND CONCLUSIONS: 1. SO awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), and the Expert Marksmanship Qualification Badge with Pistol Bar (.45 cal); none of which are shown on his DD Form 214. 2. His record confirms he participated in three campaigns during his service in Vietnam. He is authorized three bronze service stars for wear on his already-awarded Vietnam Service Medal. 3. GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit. His DD Form 214 does not show this unit award. 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 amending his DD Form 214 by adding: * 3 bronze service stars to his Vietnam Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Expert Marksmanship Qualification Badge with Pistol Bar (.45 cal) _____________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) AR20150006064 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006064 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1