BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150013946 BOARD VOTE: ____x_____ ___x____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150013946 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: a. deleting award of the Vietnam Service Medal from his DD Form 214 for the period ending 5 February 1973 and b. adding the following awards to his DD Form 214 for the period ending 5 February 1973: * Vietnam Service Medal with one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 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. BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150013946 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 5 February 1973 to show award of the Republic of Vietnam Campaign Medal with Device (1960) and Republic of Vietnam Gallantry Cross with Palm Unit Citation. 2. The applicant states the decorations listed on this DD Form 214 are incomplete. Per the National Personnel Records Center letter, he is entitled to these additional awards. He believes it was just an oversight. 3. The applicant provides: * DD Form 214 for the period ending 5 February 1973 * National Personnel Records Center letter, dated 7 July 2006 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 12 August 1968 for a period of 2 years. On 28 October 1969, he was honorably discharged for immediate reenlistment. He reenlisted on 29 October 1969 for a period of 4 years. On 28 April 1971, he was again honorably discharged for immediate reenlistment. On 29 April 1971, he reenlisted for a period of 4 years. 3. His DA Form 20 (Enlisted Qualification Record) shows: * he arrived in Vietnam on 10 July 1972 * he was assigned to Headquarters and Headquarters Company (HHC), 1st Aviation Brigade, from 16 July 1972 to 4 August 1972 * he was assigned to HHC, 17th Aviation Group (Combat), from 5 August 1972 to on or about 5 February 1973 4. He participated in one campaign during his assignment in Vietnam. 5. On 5 February 1973, he was honorably discharged for hardship. 6. His DD Form 214 for the period ending 5 February 1973 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 7. Item 30 (Remarks) of his DD Form 214 for the period ending 5 February 1973 shows he served in Vietnam from 10 July 1972 to 28 December 1972. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. A bronze service star is worn on the Vietnam Service Medal for each credited campaign. b. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. 2. 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 HHC, 1st Aviation Brigade, was awarded the: * Meritorious Unit Commendation for the period 1 May to 30 November 1972 by Department of the Army General Orders (DAGO) Number 32, dated 1973 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1970 to 31 August 1972 by DAGO Number 6, dated 1974 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 December 1971 to 31 December 1972 by DAGO Number 5, dated 1979 DISCUSSION: 1. Based on the applicant's service in Vietnam from 10 July 1972 to 28 December 1972, he is authorized award of the Republic of Vietnam Campaign Medal with Device (1960). His DD Form 214 for the period ending 5 February 1973 does not show this medal. 2. His Vietnam unit (HHC, 1st Aviation Brigade) was awarded the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period in which he was assigned. His DD Form 214 for the period ending 5 February 1973 does not show these unit awards. 3. He participated in one campaign during his assignment in Vietnam, which authorizes him award of the Vietnam Service Medal with one bronze service star. His DD Form 214 for the period ending 5 February 1973 does not show this bronze service star. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013946 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013946 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2