IN THE CASE OF: BOARD DATE: 19 August 2021 DOCKET NUMBER: AR20210007111 APPLICANT REQUESTS: * correction of his DD Form 214 (Armed Forces of the U.S. Report of Transfer or Discharge) to reflect all authorized awards * personal appearance APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, ending on 10 October 1970 * Information Paper Regarding Awards * DA Form 1577 (Authorization for Issuance of Awards) dated 23 April 1999 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states in part that his DD Form 214 is incorrect as it does not reflect all awards previously authorized. These awards were authorized during his service to the country, but they were not received despite being entitled to the recognition of these awards. 3. A review of the applicant's available service records reflects the following: a. On 22 June 1966, the applicant enlisted in the Regular Army for 3 years to serve as a 76T (Aircraft Repair Parts Specialist). b. On or about 15 December 1967, the applicant was assigned to the Republic of Vietnam. During his service in Vietnam, he was assigned to B Company, 15th Battalion (Ambulance), 1st Calvary Division. c. On or about 14 December 1968, the applicant was reassigned from the Republic of Vietnam to Fort Hood, Texas d. On or about 29 November 1969, the applicant was reassigned back to the Republic of Vietnam. While serving in Vietnam, he was assigned to the 241st Transportation Company and participated in the following campaigns: * Vietnam Counter-Offensive Phase III * Tet Counter Offensive * Vietnam Counter Offensive Phase IV * Vietnam Counter Offensive Phase V * Vietnam Counter Offensive Phase VI * 12th Campaign (Unnamed) e. On 10 October 1970, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). His DD Form 214 reflects the following medals: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Army Commendation Medal f. On 24 May 1972, the U.S. Army Reserve Components Personnel and Administration Center issued Letter Orders Number 05-1186584 honorably discharging the applicant from the USAR Control Group (Reinforcement) effective 21 June 1972. 4. The applicant provides: a. Information Paper Regarding Awards with boxes checked indicating authorization for the following awards: * Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge * Bronze Star Medal with 1 Oak Leaf Cluster (based on award of the Combat Infantryman Badge or Combat Medical Badge) * Republic of Vietnam Campaign Medal with Device (1960) * Silver Service Star or Silver Oak Leaf Cluster in lieu of 5 Bronze Service Stars or 5 Bronze Oak Leaf Clusters b. DA Form 1577 (Authorization for Issuance of Awards), dated 23 April 1999, reflective of the applicant being authorized issuance of the Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal with 1 Bronze Service Star and 1 Silver Service Star, Republic of Vietnam Campaign Medal with Device (1960) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 5. Review of the applicant's DA Form 20 (Enlisted Qualification Report) indicates that the applicant's primary military occupational specialty was 76T during his enlistment. No additional specialties are provided. Previous award of the Combat Infantryman Badge or the Combat Medic Badge as referenced in the "Information Paper Regarding Awards" described above is not supported by evidence within the applicant's available service records. 6. Within the applicant's available service records is an information paper regarding awards as referenced in paragraph 4 above. This document provides that the applicant is entitled to the Republic of Vietnam Campaign Medal with "1960" device, the Silver Service Star or Silver Oak Leaf Cluster in lieu of 5 Bronze Service Stars or 5 Bronze Oak Leaf Clusters. This document appears to be the original document previously provided with the DA Form 1577 issued on 23 April 1999. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found partial relief is warranted. The Board found the available evidence sufficient to fully and fairly consider this case without a personal appearance by the applicant. 2. The Board concurred with the corrections described in Administrative Note(s) below. 3. Other than the awards addressed in Administrative Note(s) below, the Board found no other decorations the applicant is authorized. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XX :XX :XX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 making the corrections described in Administrative Note(s) below. 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 any relief in excess of that described above. 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. ADMINISTRATIVE NOTE(S): 1. Reference the enclosed request for correction of military records, correct the applicant's DD Form 214 for the period ending 10 October 1970 by: a. Deleting the Vietnam Service Medal. b. Adding the following awards: * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Vietnam Service Medal with 1 Silver Oak Leaf Cluster and 1 Bronze Oak Leaf Cluster * Three Overseas Service Bars * Sharpshooter Marksmanship Qualification Badge (w/ Rifle bar) * Meritorious Unit Commendation 2. The following documents are sufficient to justify correction of the DD Form 214 without action by the Board. * DA Form 20 (Enlisted Qualification Record) * DA Pamphlet 672-3 (pages 20 and 62) * AR 600-8-22 3. Correct the applicant’s DD Form 214 to add the awards shown in paragraph 1 above. Provide the applicant with a copy of the corrections and the medals and citations, as applicable. Please record the corrections in the applicant’s official military personnel record. REFERENCES: 1. Title 10, USC, 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 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. 2. Army Regulation (AR) 635-5 (Separation Documents) states that the DD Form 214 will reflect the conditions and circumstances that existed at the time the records were created. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. Personnel officers will prepare and authenticate DD Form 214WS (Worksheet) prior to forwarding records to the transfer facility. All available records will be used as a basis for the preparation of DD Form 214WS, including DA Form 20 (Enlisted Qualification Record), DA Form 66 (Officer Qualification Record), and orders. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons awarded or authorized) on the issued DD Form 214 will contain all decorations, service medals, campaign credits and badges awarded or authorized from item 41 (DA Form 20 – Enlisted Qualification Record). 3. AR 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. Bronze Star Medal was established by EO 9419, 4 February 1944 (superseded by EO 11046, 24 August 1962, as amended by EO 13286, 28 February 2003 and PL 111–383, Section 571 of the 2011 National Defense Authorization Act). The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Armed Forces of the United States, or a friendly foreign nation, after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. Award may be made to each service member of the Army who, after 6 December 1941, has been cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement has been otherwise confirmed by documents executed prior to 1 July 1947. For this purpose, an award of the Combat Infantryman Badge or Combat Medic Badge (CMB) is considered as a citation in orders. 4. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. Paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210007111 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1