IN THE CASE OF: BOARD DATE: 2 February 2016 DOCKET NUMBER: AR20150006831 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 final DD Form 214 (Report of Separation from Active Duty) to show all his authorized awards. 2. The applicant states his DD Form 214 was never updated from 18 September 1974. He was not discharged until 9 March 1977. He needs the awards added to his DD Form 214 so he will not have problems when he applies for benefits from the Department of Veterans Affairs (VA). 3. The applicant provides copies of his – * Purple Heart orders * Army Good Conduct Medal (1st Award) orders * Bronze Star Medal with "V" Device orders * Combat Infantryman Badge orders * Army Commendation Medal orders and citation (April 1969-March 1970) * Army Commendation Medal orders and citation (May-November 1970 * Army Good Conduct Medal (2nd Award) orders * Air Medal orders and citation * Bronze Star Medal orders and citation * One page of a 23 June 1978 VA Rating Decision * Three letters of appreciation 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 18 June 1965. He reenlisted on 26 May 1967, 2 September 1969, 24 October 1970, and 28 August 1974. He held military occupational specialties 76Y (Unit Supply Specialist) and 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 31 (Foreign Service), he served in Vietnam – * from 15 December 1965 through 9 March 1966 * from 15 September 1968 through 24 October 1970 * from 15 January 1972 through 13 August 1972 b. item 38 (Record of Assignments) that during his service in Vietnam he was assigned to – * Company A, 1st Battalion, 5th Cavalry, 1st Cavalry Division, from 21 December 1965 to 9 March 1966 * Air Cavalry Troop, 11th Armored Cavalry Regiment, from 26 July 1969 to 30 April 1970 * Security Guard Company, USADLE, from 10 May through 1 November 1970 * Company D, 1st Battalion, 46th Infantry, 196th Infantry Brigade, from 31 January through 15 June 1972 * Company A, 3rd Battalion, 21st Infantry, from 16 June to 8 August 1972 c. item 41 (Awards and Decorations), he was awarded the – * National Defense Service Medal * Purple Heart * Four Overseas Service Bars * Bronze Star Medal with "V" Device * Army Commendation Medal (April 1969-March 1970) * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Good Conduct Medal (2 Awards) * Combat Infantryman Badge * Air Medal * Bronze Star Medal Army Commendation Medal (May-November 1970) * Marksman Marksmanship Qualification Badge with Rifle Bar 4. He was discharged under honorable conditions on 9 March 1977 as a private/E-2. He had completed 11 years, 8 months, and 6 days of total active service. His DD Form 214 lists his authorized awards as the: * National Defense Service Medal * Purple Heart * Army Good Conduct Medal (2 Awards) * Air Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Start Medal * Combat Infantryman Badge * Army Commendation Medal 5. In support of his request, the applicant provides copies of orders for awards not currently shown on his final DD Form 214 as follows: a. General Orders Number 91, Headquarters, II Field Force Vietnam, dated 8 January 1970, showing he was awarded the Bronze Star Medal with "V" Device for heroism on 9 November 1969. b. General Orders Number 1548, Headquarters, U. S. Army Support Command, Saigon, dated 28 October 1970, showing his was awarded the Army Commendation Medal for meritorious service from May to November 1970. 6. Army Regulation 600-8-22 (Military Awards): a. states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star is authorized in lieu of five bronze service stars. b. Letters of appreciation are not listed as authorized awards. 7. The applicant's service in Vietnam coincides with the following 12 campaign periods– * Vietnam Advisory Campaign 15 March 1962 - 7 March 1965 * Vietnam Defense Campaign 8 March - 24 December 1965 * Counteroffensive 25 December 1965 - 30 June 1966 * Counteroffensive Phase V 1 July - 1 November 1968 * Counteroffensive Phase VI 2 November 1968 - 22 February 1969 * Tet 69/Counteroffensive 23 February - 8 June 1969 * Vietnam Summer - Fall 1969 9 June - 31 October 1969 * Vietnam Winter - Spring 1970 1 November 1969 - 30 April 1970 * Sanctuary Counteroffensive 1 May - 30 June 1970 * Counteroffensive Phase VII 1 July 1970 - 30 June 1971 * Consolidation II 1 December 1971 - 29 March 1972 * Vietnam Ceasefire Campaign 30 March 1972 - 28 January 1973 8. Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. This pamphlet shows the 1st Battalion, 5th Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965-19 May 1969 by DAGO Number 59, dated 1969. DISCUSSION AND CONCLUSIONS: 1. Orders show he was awarded the Bronze Star Medal with "V" Device and two Army Commendation Medals (only one is listed on his final DD Form 214). His DA Form 20 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar. 2. He participated in 12 campaigns during his service in Vietnam. Therefore, he is authorized two silver service stars and two bronze service stars with his already-awarded Vietnam Service Medal. 3. During his service in Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 4. His final DD Form 214 should be corrected to show the aforementioned awards. 5. The letters of appreciation should not be added to 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 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. deleting award of the Vietnam Service Medal from his final DD Form 214 and b. adding the following awards to his final DD Form 214: * Bronze Star Medal with "V" Device * Army Commendation Medal (2 Awards) * Vietnam Service Medal with two silver service stars and two bronze service stars * Marksman Marksmanship Qualification Badge with Rifle Bar * Republic of Vietnam Gallantry Cross with Palm 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 to adding the three letters of appreciation to his final DD Form 214. ____________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) AR20100025029 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006831 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1