BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160001524 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: 6 June 2017 DOCKET NUMBER: AR20160001524 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 deleting award of the Vietnam Service Medal from his DD Form 214 and adding the following awards: * Bronze Star Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * 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. BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160001524 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 award of the Bronze Star Medal and, in effect, all his awards and decorations. 2. The applicant states, in effect, his DD Form 214 does not show all his awards and decorations. 3. The applicant provides his Bronze Star Medal Certificate. 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 10 March 1970 and he held military occupational specialty 63B (Wheel Vehicle Mechanic). 3. He served in Vietnam from on or about 11 January 1971 to on or about 19 December 1971. He was assigned to Headquarters and Headquarters Company (HHC), 101st Aviation Group, 101st Airborne Division. 4. General Orders (GO) Number 10634, issued by Headquarters, 101st Airborne Division, on 16 November 1971, awarded him the Bronze Star Medal for service from January 1971 to January 1972. 5. On 8 January 1971, he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for being absent without leave (AWOL) from 19 December 1970 to 7 January 1971. * 6. He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 20 December 1971. His DD Form 214 shows he completed 1 year, 9 months, and 11 days of total active service with no lost time. His DD Form 214 also shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes 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 after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This same regulation states a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns: * Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971) * Consolidation I (1 July 1971-30 November 1971) * Consolidation II (1 December 1971-29 March 1972) b. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. 2. Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit Register) list the awards received by units serving in the Vietnam War. a. This pamphlet shows HHC, 101st Aviation Group, to which the applicant was assigned, was cited for award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 18 April to 31 August 1971 and 6 to 19 September 1971 by DAGO Number 6, dated 1974 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 March to 9 October 1971 by DAGO Number 6, dated 1974 b. The pamphlet states not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records. DISCUSSION: 1. GO awarded the applicant the Bronze Star Medal. This award is not listed on his DD Form 214. 2. He served a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960). This award is not listed on his DD Form 214. 3. The applicant’s DD Form 214 reflects award of the Vietnam Service Medal; however, it does not include three bronze service stars to denote his participation in three campaigns. 4. His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation (multiple awards covering overlapping periods). This unit award is 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) AR20160001524 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001524 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2