IN THE CASE OF: BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017589 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 IN THE CASE OF: BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017589 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 from item 24 of his DD Form 214, ending 12 September 1969 the Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Vietnam Counter Offense Campaign; and b. adding to his DD Form 214: * Bronze Star Medal * Vietnam Service Medal with four bronze service stars * Meritorious Unit Commendation * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) * Army Good Conduct Medal (1st Award) * Combat Infantryman Badge * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) ___________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: 18 April 2017 DOCKET NUMBER: AR20150017589 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) by adding his already-awarded Bronze Star Medal and Combat Infantryman Badge. 2. The applicant states, in effect, he received both of the aforementioned awards during his service in Vietnam, but they do not appear on his DD Form 214, ending on 2 September 1969. 3. The applicant provides a Bronze Star Medal Certificate, along with the citation. 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 16 August 1966. Following completion of Officer Candidate School, he was honorably discharged, on 11 September 1967, so that he could accept a commission as an Army Reserve officer. 3. The applicant’s DD Form 214 shows he completed 1 year and 26 days of net active creditable service. He was awarded or authorized the Army Good Conduct Medal (1st Award), National Defense Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 4. The applicant was appointed as a U.S. Army Reserve commissioned officer, and executed his oath of office on 12 September 1967. He was immediately ordered to active duty for an obligation of 2 years. 5. Item 23 (Qualification in Arms) of the applicant’s DA Form 66 (Officer Qualification Record) shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 6. The applicant served in the Republic of Vietnam (RVN) from on, or about, 7 September 1968 to 2 September 1969. a. He has qualifying service for four campaigns: * Vietnam Counteroffensive Phase V (1 July to 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969) * Tet 69 Counteroffensive, 1969 (23 February to 8 June 1969) * Vietnam Summer - Fall 1969 (9 June to 31 October 1969) b. While in Vietnam, he was assigned to: * 2nd Battalion, 40th Artillery Regiment from on or about 9 September 1968 to 7 January 1969 * 199th Infantry Brigade from on or about 8 to 31 January 1969 * U.S. Military Assistance Command, Vietnam (Advisory Team 86) from on or about 17 February to 30 August 1969 7. General Orders (GO) Number 5152, dated 29 August 1969, issued by Headquarters, U.S. Military Assistance Command, Vietnam, awarded him the Bronze Star Medal for the period September 1968 to August 1969. 8. Special Orders Number 104, dated 14 April 1970, issued by Headquarters, U.S. Military Assistance Command, Vietnam, awarded the applicant the Combat Infantryman Badge (1st Award). 9. He was honorably released from active duty on 12 September 1969. His DD Form 214 shows he completed 1 year, 11 months, and 21 days of net active creditable service, with 1 year and 26 days of other service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) lists the following: * Army Commendation Medal with "V" Device * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following five campaigns: * Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969) * Tet 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969) * Vietnam Summer - Fall 1969 (9 June 1969 to 31 October 1969) b. The RVN 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 awards received by units during the Vietnam era. It shows: a. The 2nd Battalion, 40th Artillery Regiment was awarded the RVN Civil Actions Honor Medal, First Class Unit Citation, from 12 December 1966 to August 1970, in Department of the Army General Order (DAGO) Number 51, dated 1971. b. The U.S. Military Assistance Command, Vietnam, was awarded the Meritorious Unit Commendation in DAGO Number 51, 1971 for service performed 1 November 1968 to 30 June 1970. c. DAGO Number 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973. DISCUSSION: 1. GO awarded the applicant the Bronze Star Medal. His DD Form 214 does not reflect this award. 2. The applicant’s DD Form 214 reflects award of the Vietnam Service Medal; however, it does not include four bronze service stars to denote his participation in four campaigns. 3. DAGO awarded the applicant’s unit in Vietnam the Meritorious Unit Commendation; the RVN Civil Actions Honor Medal, First Class Unit Citation; and RVN Gallantry Cross with Palm Unit Citation. These awards are not reflected on his DD Form 214. 4. The applicant’s DD Form 214 reflects his RVN Campaign Medal, but omits the “Device (1960).” It should reflect RVN Campaign Medal with Device (1960). 5. The applicant’s record show he was awarded the Army Good Conduct Medal (1st Award) during first enlistment as an enlisted service member, but it was omitted on his DD Form 214, ending 12 September 1969. 6. SO awarded the applicant the Combat Infantryman Badge. Additionally, his record shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). Neither badge is reflected on his 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) AR20150017589 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017589 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2