IN THE CASE OF: BOARD DATE: 4 October 2016 DOCKET NUMBER: AR20150012152 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: 4 October 2016 DOCKET NUMBER: AR20150012152 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 adding to his DD Form 214 for the period ending on 23 February 1972: * Parachutist Badge * Bronze Star Medal * National Defense Service Medal * Vietnam Service Medal with one silver service star * Vietnam Campaign Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * five overseas service bars * Republic of Vietnam Gallantry Cross with Palm 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: 4 October 2016 DOCKET NUMBER: AR20150012152 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 23 February 1972 to show the: * Parachutist Badge * Bronze Star Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Vietnam Service Medal * Vietnam Campaign Medal * five overseas service bars 2. The applicant states these awards are missing from this DD Form 214. He believes his discharge paperwork was rushed based on the court-martial issues. He did not discover the error until he required medical treatment from the Department of Veterans Affairs. 3. The applicant provides page 4 of his DA Form 20 (Enlisted Qualification Record), his DD Form 214 for the period ending 10 December 1968, and his DD Form 214 for the period ending 23 February 1972. 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 the cases 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. 2. The applicant enlisted in the Regular Army (RA) on 3 April 1968. 3. Headquarters, 1st Training Brigade, Fort Gordon, GA, issued special orders (SO) on/for: * SO Number 87, 21 May 1968, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * SO Number 92, 31 May 1968, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 4. He was honorably discharged on 10 December 1968 for the purpose of immediate reenlistment. His DD Form 214 lists the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 5. He reenlisted in the RA on 11 December 1968. He served in Germany from 7 October 1968 to 4 January 1969. He also served in Vietnam from 4 March 1969 to 25 August 1971, during five campaigns. He was assigned to Battery D, 3rd Battalion, 319th Artillery, 173rd Airborne Brigade. 6. Headquarters, 173rd Airborne Brigade, issued the following: * General Orders (GO) Number 2524, on 16 September 1970, awarding him the Bronze Star Medal for meritorious service in Vietnam from September 1969 to September 1970 * SO Number 168, on 17 June 1971, authorizing him performance of hazardous duty as a parachutist effective 16 June 1971 7. He was discharged on 23 February 1972. His DD Form 214 lists no awards. 8. Item 41 (Awards and Decorations) (page 4) of his DA Form 20 lists the: * National Defense Service Medal * Parachutist Badge * Vietnam Service Medal * Vietnam Campaign Medal * five overseas service bars * Bronze Star Medal * Expert Marksmanship Qualification Badge with Rifle Bar REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states a bronze star is authorized for wear on the Vietnam Campaign Medal to denote campaign participation. One silver service star denotes five bronze service stars. 2. Department of the Army GO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Palm for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973. DISCUSSION: 1. The evidence shows the applicant was awarded the Parachutist Badge, Bronze Star Medal, National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and five overseas service bars during his military service. His 1972 DD Form 214 does not list these awards. 2. He met the criteria for award of a silver service star to be added to the Vietnam Service Medal. This is not shown on his 1972 DD Form 214. 3. GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service. His 1972 DD Form 214 does not list this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012152 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012152 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2