IN THE CASE OF: BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150011820 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: 27 September 2016 DOCKET NUMBER: AR20150011820 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 award of the Vietnam Service Medal from his DD Form 214 and b. adding the following awards to his DD Form 214: * Vietnam Service Medal with two bronze service stars * Valorous Unit Award (2nd Award) * 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: 27 September 2016 DOCKET NUMBER: AR20150011820 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 the following awards: * Valorous Unit Award (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 2. The applicant states these unit awards were issued after his discharge. 3. The applicant provides: * DD Form 214 * DD Form 215 (Correction to DD Form 214) * DA Form 66 (Officer Qualification Record) * DA Form 20 (Enlisted Qualification Record) * two Valorous Unit Award orders * Republic of Vietnam Gallantry Cross with Palm Unit Citation orders * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation orders 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. Having prior enlisted service in the Regular Army, the applicant was commissioned as a second lieutenant in the U.S. Army Reserve on 24 August 1965 and he was ordered to active duty. His DA Form 66 shows: * he served as an infantry unit commander in Vietnam from 21 July 1966 to 16 July 1967 * he was assigned to Company C, 1st Battalion, 12th Infantry Regiment, from 21 July 1966 to 14 July 1967 3. He participated in two campaigns during his assignment in Vietnam. 4. On 17 July 1967, he was released from active duty. 5. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal with "V" Device 6. A DD Form 215, dated 19 November 2008, amended his DD Form 214 by adding award of the Bronze Star Medal. REFERENCES: Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the 1st Battalion, 12th Infantry Regiment, was awarded the: * Valorous Unit Award for extraordinary heroism during the period 11-13 November 1966 by Department of the Army General Orders (DAGO) Number 17, dated 1968 * Valorous Unit Award for extraordinary heroism during the period 1 January to 5 April 1967 by DAGO Number 43, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for outstanding service during the period October 1966 to 28 July 1969 by DAGO Number 3, dated 1970 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for outstanding service during the period 1 October 1966 to 31 October 1969 by DAGO Number 53, dated 1970 DISCUSSION: 1. The applicant's Vietnam unit was awarded two Valorous Unit Awards, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment. His DD Form 214 does not show these unit awards. 2. He participated in two campaigns during his assignment in Vietnam, which authorizes him award of the Vietnam Service Medal with two bronze service stars. His DD Form 214 does not show these bronze service stars. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011820 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011820 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2