- IN THE CASE OF: BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20150012054 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: 23 August 2016 DOCKET NUMBER: AR20150012054 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: * Bronze Star Medal * Vietnam Service Medal with four bronze service stars * Meritorious Unit Commendation * 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: 23 August 2016 DOCKET NUMBER: AR20150012054 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 and any other authorized awards: * +Bronze Star Medal * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 2. The applicant states: a.  The requested awards were issued around or subsequent to completion of his DD Form 214. b.  He was assigned to Battery C, 5th Battalion, 2d Artillery Regiment, in Vietnam from September 1967 to August 1968. c.  He believes others received the same unit citations as they were attached to the 9th Infantry Division. These citations were supposedly given to organic units of the 9th Infantry Division as well as to his unit, which was attached to the II Field Force. 3. The applicant provides: * DD Form 214 * Headquarters, II Field Force Vietnam Artillery, General Orders Number 217, dated 27 September 1968 * Honorable Discharge Certificate * Army Board for Correction of Military Records (ABCMR) Record of Proceedings Docket Number AR20140015607, dated 16 April 2015 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 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 commissioned as a Reserve officer of the Army in the rank of second lieutenant on 5 June 1966 and ordered to active duty on 29 August 1966. 3. On 29 August 1967, he was appointed as a first lieutenant in the Army of the United States. 4. He served in Vietnam during the period 19 September 1967 through 15 August 1968. In Vietnam, he was assigned to Battery C, 5th Battalion, 2d Artillery Regiment, and he participated in four campaigns. 5. On 18 August 1968, he was honorably released from active duty. His DD Form 214 shows award of the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 6. Headquarters, II Field Force Vietnam Artillery, General Orders Number 217, dated 27 September 1968, awarded him the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period September 1967 to August 1968. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides that a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. 2. 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 5th Battalion, 2d Artillery Regiment, was awarded the: a.  Meritorious Unit Commendation for the period 5 April 1967 to 30 September 1968 by Department of the Army General Orders (DAGO) Number 60, dated 1969; and b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 2 December 1966 to 15 January 1971 by DAGO Number 54, dated 1974; as amended by DAGO Number 51, dated 1971. 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 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. General orders awarded him the Bronze Star Medal. This award is not shown on his DD Form 214. 2. He was awarded the Vietnam Service Medal and he participated in four campaigns. His campaign participation is not shown on his DD Form 214. 3. General orders awarded the unit to which he was assigned in Vietnam the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These unit awards are not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012054 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012054 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2