IN THE CASE OF: BOARD DATE: 18 August 2016 DOCKET NUMBER: AR20150012902 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: 18 August 2016 DOCKET NUMBER: AR20150012902 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: * deleting the Vietnam Service Medal with two bronze service stars * adding the Silver Star, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the 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: 18 August 2016 DOCKET NUMBER: AR20150012902 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 Silver Star. 2. The applicant states the Silver Star is not listed on his DD Form 214. 3. The applicant provides his DD Form 214, General Orders (GO) Number 8554, and a certificate showing award of the Silver Star. 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 into the Army of the United States on 15 September 1967. He held military occupational specialty 11B (Light Weapons Infantryman). 3. He served in Vietnam beginning on or about 7 March 1968. He was assigned to Company B, 1st Battalion, 26th Infantry Regiment, 1st Infantry Division. 4. He appears to have been injured and transferred to the U.S. Army Hospital at Camp Zama, Japan on 5 August 1968. He was ultimately transferred to Fort Riley, KS, in a patient status on 21 August 1968. 5. GO Number 8554 issued by Headquarters, 1st Infantry Division on 17 August 1968 awarded him the Silver Star for gallantry in action in Vietnam on 16 June 1968. 6. He was honorably released from active duty in the rank/grade of specialist four/E-4 on 12 September 1969. He completed 1 year, 11 months, and 28 days of total active service. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Vietnam Campaign Medal with 1960 Device * Combat Infantryman Badge * one overseas service bar * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14, M-16) * First Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar (M-60) REFERENCE: 1. Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal. Paragraph 2-13 states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam from 7 March 1968 to 5 August 1968, campaign participation credit was awarded for the following campaigns: * Tet Counteroffensive, 30 January - 1 April 1968 * Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968 * Vietnam Counteroffensive Phase V, 1 July - 1 November 1968 2. DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. This publication shows during his service with the 1st Battalion, 26th Infantry, this unit was cited for the following unit awards: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 12 July 1965 to 16 October 1968 by DAGO Number 21, dated 1969 * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for service from 1 October 1965 to 7 April 1970 by DAGO Number 53, dated 1970 DISCUSSION: 1. GO awarded the applicant the Silver Star for gallantry in action. This award is not listed on his DD Firm 214. 2. He was awarded the Vietnam Service Medal. He also participated in three, not two, campaigns during his service in Vietnam. He is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 3. During the applicant’s assignment in Vietnam GOs awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his service. None of these unit awards are 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) AR20150012902 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012902 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2