IN THE CASE OF: BOARD DATE: 9 February 2016 DOCKET NUMBER: AR20150006092 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 award of the Navy Commendation Medal with Combat "V" Device. 2. The applicant states his DD Form 214 does not list the Navy Commendation Medal that he earned. His discharge date was too close to the date of the incident for the award to be included on his DD Form 214. He discovered the omission after reviewing his DD Form 214 with some fellow veterans. 3. The applicant provides copies of the following: * DD Form 214 * two Navy Commendation Medal recommendation memoranda for action on 27 June 1967 * two Navy Commendation Medal citations for action on 27 June 1967 * two Navy Commendation Medal with Combat "V" Device notification memoranda for action on 27 June 1967 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 enlisted in the Regular Army on 23 July 1964 and he held military occupational specialty 91B (medical specialist). 3. He served in Vietnam from 24 September 1966 through on or about 10 July 1967, during one campaign. He was assigned to Headquarters and Headquarters Battery, 1st Battalion, 40th Artillery. 4. He was honorably released from active duty on 14 July 1967. His DD Form 214 lists the: * National Defense Service Medal * Army Good Conduct Medal * Vietnam Service Medal * Vietnam Campaign Medal * one overseas service bar 5. His records contain a Recommendation for Navy Commendation Medal memorandum, dated 27 November 1967, in which the Assistant Adjutant General recommended approval of this award for the applicant. 6. His records also contain and he provided copies of the following: a. A Navy Commendation Medal recommendation memorandum, dated 12 March 1968, in which the Under Secretary of the Navy approved the applicant's award of the Navy Commendation Medal with Combat "V Device. b. A Navy Commendation Medal citation, dated 28 March 1968, citing the award for his heroic achievement on 27 June 1967 while serving as an aidman in Vietnam by volunteering to enter the minefield to give first aid to his wounded comrades-in-arms even though the area was receiving hostile artillery fire. c. A Navy Commendation Medal recommendation memorandum, dated 5 April 1968, which forwarded allied papers for presentation in an appropriate ceremony. The memorandum noted that he was no longer on active duty and listed his home address. d. A Navy Commendation Medal with Combat "V" Device notification memorandum, dated 5 April 1968, in which Navy Commendation Medal with Combat "V" Device, citation, and certificate were forwarded to the Department of the Army, Awards Branch. e. A Navy Commendation Medal recommendation memorandum, dated 9 February 1988, in which the Assistant Vice Chief of Naval Operations, Director of Naval Administration, recommended his approval of this award. 7. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) lists all the awards listed on his DD Form 214 and Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 8. Army Regulation 600-8-22 (Military Award) states a bronze star is authorized for wear on the Vietnam Campaign Medal to denote campaign participation. 9. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 1st Battalion, 40th Artillery, was cited for award of the Navy Presidential Unit Citation for the period 27 October 1966 through 15 September 1967, by DA General Orders (DAGO) Number 32, dated 1973. 10. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Palm for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. The Under Secretary of the Navy approved award of the Navy Commendation Medal with Combat "V" Device to the applicant for heroic achievement in Vietnam on 27 March 1967. This award was approved and forwarded to the applicant after his release from active duty on 14 July 1967. It is not listed on his DD Form 214. 2. He served in Vietnam during one campaign. He met the criteria for authorization of one bronze service star to be added to his already-awarded Vietnam Service Medal. His DD Form 214 does not list this service star. 3. He was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) during his period of active service. His DD Form 214 does not list this badge. 4. GO awarded his unit the Navy Presidential Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. His DD Form 214 does not list these unit awards. 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: * deleting from his DD Form 214 the Vietnam Service Medal * adding to this form the: * Navy Commendation Medal with Combat "V" Device * Vietnam Service Medal with one bronze service star * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Navy Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm 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) AR20150006092 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006092 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1