IN THE CASE OF: BOARD DATE: 28 March 2017 DOCKET NUMBER: AR20150016418 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 March 2017 DOCKET NUMBER: AR20150016418 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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. amending his 17 January 1972 DD Form 214 as follows: * deleting the Vietnam Service Medal with one bronze service star * adding – * Air Medal (2nd Award) * Vietnam Service Medal with three bronze service stars b. amending his 6 November 2006 DD Form 214 as follows: * deleting the Vietnam Service Medal with one bronze service star * adding – * Air Medal (2nd Award) * Vietnam Service Medal with three bronze service stars * Iraq Campaign Medal with one bronze service star 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to additional unit awards. ___________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. IN THE CASE OF: BOARD DATE: 28 March 2017 DOCKET NUMBER: AR20150016418 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 all authorized awards for his service in Vietnam, specifically the "Vietnamese Cross of Gallantry." He requests the addition of the Air Medal to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He also requests authorized service medals for Iraq. 2. The applicant states through three applications that he did not receive his unit awards for service in Vietnam or Iraq and his DD Form 214 does not reflect award of the Air Medal. He states he was discharged in 1972 prior to his unit receiving the "Vietnamese Cross of Gallantry." Concerning Iraq, he was medically evacuated from Iraq prior to the demobilization of his unit and did not receive his Iraq service award. 3. The applicant provides a copy of his 2006 DD Form 214 (Certificate of Release or Discharge from Active Duty) and his 2012 DD Form 215 (Correction to DD Form 214). 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 6 July 1970. He served as an infantryman in Vietnam from 3 January through 16 December 1971. His DA Form 20 (Enlisted Qualification Record) for this period of service is not filed on his Interactive Personnel Electronic Records Management System (iPERMS); however, his unit of assignment is shown on general orders as Company D, 2nd Battalion (Air Mobile), 8th Calvary Regiment, 1st Calvary Division. 3. General Orders (GO) Number 2480 issued on 12 December 1971 by Headquarters, 3rd Brigade, 1st Cavalry Division awarded the applicant the Air Medal (2nd Award). 4. On 17 January 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). He was issued a DD Form 214 showing he was awarded or authorized: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with one bronze service star * Combat Infantryman Badge * Bronze Star Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation [shown as Vietnamese Cross of Gallantry with Palm] 5. The applicant enlisted in the Army National Guard (ARNG). On 27 December 2003, he was mobilized as a member of the South Carolina ARNG. The applicant was retired due to disability on 6 November 2006. His DD Form 214 for this period of service shows he served in Iraq from 17 February through 17 June 2004. He was awarded or authorized: * Bronze Star Medal * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal (2nd Award) * Vietnam Service Medal with one bronze service star * Global War On Terrorism Service Medal * Noncommissioned Officer Professional Development Ribbon (2nd Award) * Army Service Ribbon * Armed Forces Reserve Medal with Mobilization Device * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. The Vietnam Service Medal is awarded for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Appendix B shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns. A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign. * Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971 * Consolidation I, 1 July - 30 November 1971 * Consolidation II, 1 December 1971 - 29 March 1972 b. The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved campaigns include the Transition of Iraq from 2 May 2003 through 28 June 2004. 2. Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service with the 2nd Battalion, 8th Cavalry in Vietnam, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 17 September 1965 to June 1972, by DAGO Number 54 dated 1975. 3. Army Regulation 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. It provides instructions for the preparation of the DD Form 214. It states for item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) to list all federally recognized awards and decorations for all periods of service. DISCUSSION: 1. Concerning his request for Vietnam era awards, the applicant’s 1972 DD Form 214 does show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation [shown as Vietnamese Cross of Gallantry with Palm]. This award was authorized by general orders. This award is also shown on his 2006 DD Form 214. 2. General orders awarded the applicant the Air Medal, which is not shown on his DD Forms 214. 3. He was awarded the Vietnam Service Medal. He also participated in three campaigns during his service in Vietnam. He meets the criteria for award of three bronze service stars for wear on his already-awarded Vietnam Service Medal, which are not shown on his DD Forms 214. 4. The applicant served in Iraq during one designated campaign period and is authorized the Iraq Campaign Medal with one bronze service star, which is not shown on his 2006 DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016418 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016418 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2