IN THE CASE OF: BOARD DATE: 28 March 2017 DOCKET NUMBER: AR20150016564 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: 28 March 2017 DOCKET NUMBER: AR20150016564 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 amending his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 5 February 1969 by deleting the Vietnam Service Medal (shown as the "VSM") and adding the following awards: * Air Medal * Vietnam Service Medal with 3 bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Auto Rifle Bar (M-16) ___________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: 28 March 2017 DOCKET NUMBER: AR20150016564 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 5 February 1969 to show the following awards: * Air Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Auto Rifle Bar (M-16) 2. The applicant states these awards were never noted on his DD Form 214. 3. The applicant provides his DD Form 214 and a letter from the National Personnel Records Center (NPRC), dated 14 November 2013. 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 appointed as a Reserve commissioned officer of the Army on 28 January 1967, as a second lieutenant in the Infantry branch. He was ordered to active duty on 9 February 1967. He was promoted to first lieutenant on 9 February 1968. 3. The applicant's record shows he served in the Republic of Vietnam from on or about 17 April 1968 through on or about 1 February 1969. During this period of service, he was assigned to 5th Battalion, 7th Calvary Regiment, 1st Calvary Division (Airmobile). 4. The applicant's DA Form 66 (Officer Qualification Record) shows he was awarded or authorized the following: * Bronze Star Medal (awarded by General Orders Number 373, Headquarters,1st Cavalry Division, January 1969) * Air Medal (awarded by General Orders Number 14321, Headquarters,1st Cavalry Division, November 1968) * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge (awarded by Special Orders Number 82, Headquarters,1st Cavalry Division, June 1968) * Expert Marksmanship Badge with Rifle Bar (M-14) * 1 overseas service bar 5. The applicant was honorably released from active duty on 5 February 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows he was awarded or authorized the Bronze Star Medal, the National Defense Service Medal, and the Vietnam Service Medal. 6. The applicant provides a letter from the NPRC, dated 14 November 2013. The letter authorized shipment of awards and decorations sets to him based on documents he provided to them. The NPRC letter shows the awards and decorations listed in paragraph 4 above; however, it also includes the Sharpshooter Marksmanship Qualification Badge with Auto Rifle Bar (M-16). 7. The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows that while serving as an officer in the USAR, he qualified as a sharpshooter with the M-16 on 14 October 1978. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 3 July 1965 through 28 March 1973. A bronze service star will be authorized for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in the Republic of Vietnam, participation credit was awarded for the following three campaigns: * Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968) * Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968) * Vietnam Counter Offensive Phase VI (2 November 1968 – 22 February 1969) b. The Marksmanship Qualification Badge is awarded to indicate the degree in which an individual, military, or civilian has qualified in a prescribed record course and an appropriate bar is furnished to denote each weapon with which he or she qualified. Each bar will be attached to the basic badge that indicates the qualification last attained with the respective weapon. Basic qualification badges are of three classes: Expert, Sharpshooter, and Marksman. 2. Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's active duty service, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 3. 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 5th Battalion, 7th Calvary Regiment, the unit to which the applicant was assigned from on or about 17 April 1968 through on or about 1 February 1969, was cited for the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 9 August 1965 through 19 May 1969, by Department of the Army General Orders (DAGO) Number 59, dated 1969 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 January 1969 through 1 February 1970, by DAGO Number 42, dated 1972 DISCUSSION: 1. The applicant's DA Form 66 confirms he was awarded or authorized the Air Medal, the Republic of Vietnam Campaign Medal with device (1960), the Combat Infantryman Badge, and the Expert Marksmanship Badge with Rifle Bar (M-14); however, none of these awards are shown on his DD Form 214 for the period ending 5 February 1969. 2. The applicant's record shows he served in the Republic of Vietnam from on or about 17 April 1968 through on or about 1 February 1969; he participated in three campaigns during this period of foreign service. His DD Form 214 for the period ending 5 February 1969 lists the Vietnam Service Medal as an authorized award; however, it does not reflect the three bronze service stars that should be affixed to it in recognition of his campaign participation. 3. Department of the Army General Orders awarded the applicant's unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period in which he was assigned to those units. However, neither of these unit awards is shown on his DD Form 214 for the period ending 5 February 1969. 4. While serving as an officer in the USAR, the applicant qualified as a sharpshooter with the M-16 on 14 October 1978. This qualification occurred after the DD Form 214's ending period date of 5 February 1969. The DD Form 214 provides a brief, clear-cut record of active Army service at the time of his release from active duty for that period of service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016564 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2