IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20150010521 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: 5 May 2016 DOCKET NUMBER: AR20150010521 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 the Vietnam Service Medal; b. adding to item 24 of his DD Form 214 the– * Army Commendation Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation ___________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: 5 May 2016 DOCKET NUMBER: AR20150010521 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) to show award of the Army Commendation Medal. 2. The applicant states he could not find out how to correct his DD Form 214. 3. The applicant provides a certificate showing he was awarded the Army Commendation Medal. 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 on 18 October 1965. He held military occupational specialty 44C (Welder). 3. His DA Form 20 (Enlisted Qualification Record) shows in: a. Item 38 (Record of Assignments) he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 2nd Infantry, 1st Infantry Division, in Vietnam, from 10 December 1966 to 4 October 1967; and in b. Item 41 (Awards and Decorations: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Army Good Conduct Medal (1st Award) * Republic of Vietnam Campaign Medal with Device (1960) 4. He was honorably released from active duty on 8 October 1967 as a specialist five/E-5. He had completed 1 year, 11 months, and 21 days of total active service. His DD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized)– * National Defense Service Medal * Army Good Conduct Medal (1st Award) * Combat Infantryman Badge * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 5. His records contain orders showing he was awarded the: a. Expert Marksmanship Qualification Badge with Rifle Bar; and the b. Army Commendation Medal per General Orders Number 7422, Headquarters, 1st Infantry Division, dated 17 October 1967, for meritorious service from November 1966 to September 1967. 6. He provides a certificate showing he was awarded the Army Commendation Medal for the period November 1966 to September 1967. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. During his service in Vietnam, the applicant participated in the following two campaigns– * Counteroffensive Phase II(1 July 1966 - 31 May 1967) * Counteroffensive Phase III(1 June 1967 - 29 January 1968) 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. This pamphlet shows the 2nd Battalion, 2nd Infantry was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965-April 1970 by Department of the Army General Orders (DAGO) Number 53, dated 1970. 3. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to February 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. Orders show he was awarded the Army Commendation Medal and the Expert Marksmanship Qualification Badge with Rifle Bar. 2. He participated in two campaigns in Vietnam, therefore he is authorized two bronze service stars for wear on his already-awarded Vietnam Service Medal. 3. During his service in Vietnam, his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010521 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010521 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2