IN THE CASE OF: BOARD DATE: 23 February 2016 DOCKET NUMBER: AR20150006253 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 following awards: * Army Commendation Medal (ARCOM) (2nd Award) with "V" Device * Vietnam Service Medal (VSM) with one silver service star * Republic of Vietnam (RVN) Gallantry Cross with Silver Star * Meritorious Unit Commendation (MUC) (2nd Award) * RVN Civil Actions Honor Medal * Valorous Unit Award (VUA) 2. The applicant states the requested awards are missing from his DD Form 214. 3. The applicant provides orders and an excerpt from DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register). 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. On 8 January 1968, the applicant enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty 293.10 (Radio Relay Operator). 3. His DA Form 20 shows in: * item 31 (Foreign Service), he served a tour of duty in the Republic of Vietnam (RVN) beginning on 4 June 1968 * item 38 (Record of Assignments), he was assigned to – * Headquarters and Headquarters Battery, 1st Battalion, 30th Artillery, 1st Cavalry Division (Airmobile) from 8 June 1968 to 9 June 1968 * Service Battery, 1st Battalion, 30 Artillery, 1st Cavalry Division (Airmobile) from 10 June 1968 to 16 June 1968 * B Battery, 1st Battalion, 30th Artillery, 1st Cavalry Division from 17 June 1968 to 31 May 1969 * item 41 (Awards and Decorations) – * National Defense Service Medal (NDSM) * VSM * RVN Campaign Medal with Device (1960) * ARCOM (2nd Award) with "V" Device * Bronze Star Medal (BSM) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and (M-14) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Overseas Service Bar (OSB) (2) 4. Headquarters, 1st Cavalry Division (Airmobile) issued the following orders: a. General Orders (GO) Number 3338, dated 18 March 1969, awarding the applicant the ARCOM with "V" Device for heroism in connection with military operations against a hostile force in the RVN on 23 December 1968. b. GO Number 6450, dated 24 May 1969, awarding the applicant the ARCOM for meritorious service in connection with military operations against a hostile force in the RVN from June 1968 to June 1969. 5. A memorandum, subject: Authorization for Individual Foreign Award, issued by Headquarters, USARV, dated 30 September 1969, shows the applicant was authorized to accept and wear the RVN Gallantry Cross with Silver Star which was presented to him by the Government of the RVN. 6. He was released from active duty and transferred to the U.S. Army Reserve on 7 January 1970. He completed 2 years of total active service. 7. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (as amended by a DD Form 215 (Correction to DD Form 214)) shows he was authorized the following: * NDSM * VSM * RVN Campaign Medal with Device (1960) * ARCOM * BSM with "V" Device * RVN Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and (M-14) * Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * OSB (2) 8. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. The Vietnam campaigns are listed in appendix B. His service in Vietnam coincided with four campaigns: * Vietnam Counteroffensive Phase IV (2 April - 30 June 1968) * Vietnam Counteroffensive Phase V (1 July - 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969) * TET 69 Counteroffensive (23 February 1969 – 8 June 1969) 9. Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam. This pamphlet shows B Battery, 30th Infantry, was awarded the: * MUC for the period 1 January 1968 to 1 September 1968, by Department of the Army General Order (DAGO) 42, dated 1969 and from 26 October 1968 to 11 June 1969, by DAGO 39, dated 1970 * Valorous Unit Award (VUA) for 6 May 1969, by DAGO 39, dated 1970 * RVN Civil Actions Honor Medal First Class Unit Citation for 6 May 1969, by DAGO 39, dated 1970 DISCUSSION AND CONCLUSIONS: 1. GO awarded the applicant the ARCOM (2nd Award) with "V" Device. This award is not listed on his DD Form 214. 2. Official correspondence shows he was authorized to wear the RVN Gallantry Cross with Silver Star presented to him by the Government of the RVN as an individual award. This foreign award is not listed on his DD Form 214. 3. He was awarded the VSM and he participated in four campaigns. His DD Form 214 does show the bronze service stars. 4. He served with B Battery, 30th Infantry, during the period for which the unit was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation, VUA, and the MUC (2nd Award). These unit awards are not listed on his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x____ ___x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from his DD Form 214 the VSM and ARCOM; and b. adding to his DD Form 214 the – * ARCOM (2nd Award) with "V" Device * RVN Gallantry Cross with Silver Star * MUC * VUA * VSM with four bronze service stars * RVN Civil Actions Honor Medal First Class Unit Citation 2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains adding a silver service star to his already awarded VSM. __________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) AR20150006253 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006253 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1