BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017184 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 BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017184 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 for the period ending 25 April 1969 and b. adding the following awards to his DD Form 214 for the period ending 25 April 1969: * Vietnam Service Medal with one silver service star and one bronze service star * Presidential Unit Citation * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-1 and M-14) __________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. BOARD DATE: 13 April 2017 DOCKET NUMBER: AR20150017184 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 25 April 1969 to show award of the: * Army Commendation Medal (ARCOM) * National Defense Service Medal (NDSM) * Vietnam Service Medal (VSM) with one silver service star and one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 2. The applicant states the medals were omitted from his DD Form 214. 3. The applicant provides: * DD Forms 214 for the periods ending 18 April 1966 and 25 April 1969 * letter from the National Personnel Records Center, dated 5 June 2008 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 enlisted in the Regular Army on 13 October 1964 for a period of 3 years. On 18 April 1966, he was honorably discharged for immediate reenlistment. His DD Form 214 for the period ending 18 April 1996 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-1 and M-14). 3. He reenlisted on 19 April 1966 for a period of 3 years. He arrived in Vietnam on 10 June 1966 and was assigned to Battery A, 2d Battalion, 20th Artillery Regiment, 1st Cavalry Division, until 21 July 1968. He participated in six campaigns during his service in Vietnam. 4. On 25 April 1969, he was honorably released from active duty. 5. His DD Form 214 for the period ending 25 April 1969 shows he was awarded or authorized the: * NDSM * VSM * Republic of Vietnam Campaign Medal with Device (1960) * four overseas service bars * ARCOM 6. Since the ARCOM, NDSM, and Republic of Vietnam Campaign Medal with Device (1960) are shown on this DD Form 214, this portion of his request will not be discussed further in these proceedings. 7. He provided a letter from the National Personnel Records Center, dated 5 June 2008, showing he was authorized shipment of the following awards: * ARCOM * NDSM * VSM with one bronze service star and one silver service star * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the VSM for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214 and specifically stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. 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 2d Battalion, 20th Artillery Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 in Department of the Army General Orders (DAGO) Number 59, dated 1969. 4. Department of the Army Pamphlet 672-3 also shows Battery A, 20th Artillery Regiment, was awarded the: a. Presidential Unit Citation for the period 11 December 1966 to 4 April 1967 in DAGO Number 2, dated 1973, and b. Valorous Unit Award for the period 6-10 December 1967 in DAGO Number 42, dated 1969. DISCUSSION: 1. The applicant participated in six campaigns during his assignment in Vietnam which authorizes him award of the VSM with one silver service star and one bronze service star. His DD Form 214 for the period ending 25 April 1969 does not show these service stars. 2. His DD Form 214 for the period ending 18 April 1966 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-1 and M-14). His DD Form 214 for the period ending 25 April 1969 does not show these marksmanship badges. 3. His Vietnam unit was awarded the Presidential Unit Citation, Valorous Unit Award, and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. These unit awards are not shown on his DD Form 214 for the period ending 25 April 1969. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017184 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017184 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2