IN THE CASE OF: BOARD DATE: 29 March 2016 DOCKET NUMBER: AR20150009117 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 20 May 1970, to show all awards he is authorized. 2. The applicant states: a. He served with Battery B, 6th Battalion, 15th Artillery, as a reconnaissance sergeant (SGT) (forward observer) from 11 August 1967 to 11 July 1968. b. Members of the 6th Battalion, 15th Artillery, were issued unit citations. He is active in Disabled American Veterans events and would like to wear all service medals he is authorized. 3. The applicant provided: * DD Form 214 * DA Form 20 (Enlisted Qualification Record) * Webpage listing unit citations for the 6th Battalion, 15th Artillery Regiment 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. On 9 March 1964, the applicant enlisted in the Regular Army (RA) for 3 years. 3. On 20 May 1966, he was honorably discharged for immediate reenlistment in the RA on 21 May 1966. 4. The applicant’s DA Form 20 shows he was assigned to duty in Vietnam with the following units: * Battery B, 6th Battalion, 15th Artillery, 1st Infantry Division from 8 November 1967 to 6 June 1968 * Battery D, 1st Battalion, 5th Artillery, 1st Infantry Division from 7 June 1968 to 22 October 1968 5. He participated in four campaigns during his service in Vietnam. 6. General Orders Number 2240, Headquarters, 1st Infantry Division, dated 14 March 1968, awarded the applicant the Bronze Star Medal (BSM) with “V” Device. 7. On 20 May 1970, the applicant was honorably released from active duty in the rank/pay grade of SGT/E-5. He completed 6 years, 2 months, and 11 days of total active service. His DD Form 214 for the period ending 20 May 1970 shows in item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), he was awarded the: * National Defense Service Medal (NDSM) * Army Good Conduct Medal (AGCM) 1st Award * BSM * Army Commendation Medal (ARCOM) * Drill Instructor Badge * Two Overseas Service Bars * Vietnam Service Medal (VSM) * Republic of Vietnam Campaign Medal (RVNCM) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 8. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. The 15th Artillery, 6th Battalion, was cited for award of the: * RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 May 1967 to 21 November 1969, by the Department of the Army General Order (DAGO) 51, 1971 * MUC for the period 1 January 1968 to 31 January 1969, by DAGO 36, dated 1970 * RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by DAGO 21, dated 1969 9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. This regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant served in Vietnam during a period for which his unit was awarded the RVN Gallantry Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First Class Unit Citation, and the MUC. 2. General Orders show the applicant was awarded the BSM with “V” Device. His final DD Form 214 does not show the “V” Device. 3. The applicant completed a qualifying period of service in Vietnam for award of the VSM with four bronze service stars. BOARD VOTE: ____X____ ___X___ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 his DD Form 214 for the period ending 20 May 1970 the BSM and VSM. b. Adding to his DD Form 214 for the period ending 20 May 1970: * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation * MUC * BSM with “V” Device * VSM with four bronze service stars ____________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) AR20130017382 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150009117 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1