BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160003619 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: 21 September 2017 DOCKET NUMBER: AR20160003619 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 of Discharge) for the period ending 12 October 1970 by deleting the Vietnam Service Medal and adding the: * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) _____________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: 21 September 2017 DOCKET NUMBER: AR20160003619 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 12 October 1970 to show authorized awards and decorations earned during his service in the Republic of Vietnam. 2. The applicant states, in effect, he requests an amendment to his DD Form 214 to show he was authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Medal Unit Citation. His fellow veterans informed him that those who served with the 173rd Airborne Brigade in 1969 through 1970 qualified for and were awarded the requested medals, which he did not receive. 3. The applicant provides a copy of his DD Form 214. 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 8 November 1968. He completed his initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. Special Orders Number 351, issued by the U.S. Army Training Center, Infantry and Fort Bragg, NC, on 16 December 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 4. Special Orders Number 042, issued by the U.S. Army Training Center, Fort Polk, LA, on 17 February 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16). 5. Special Orders Number 049, issued by the U.S. Army training Center, Fort Polk, on 26 February 1969, awarded the applicant the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60). 6. The applicant's records show he served in the Republic of Vietnam from 8 October 1969 through 11 October 1970, while assigned to Company A, 3rd Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade. 7. The applicant was honorably released from active duty on 12 October 1970. His DD Form 214 shows he was awarded or authorized the: * Bronze Star Medal * Air Medal * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge REFERENCES: 1. 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. 2. Army Regulation 600-8-22 (Military Awards) provides that 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 four campaigns: * Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969) * Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970) * Sanctuary Counteroffensive (1 May 1970 – 30 June 1970) * Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971) 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 3rd Battalion, 503rd Infantry Regiment, the unit to which the applicant was assigned while serving in the Republic of Vietnam, was cited for the: a. Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 22 October 1967 through 26 September 1970, by Department of the Army General Orders (DAGO) Number 51, dated 1971. b. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 15 April 1969 through 16 March 1972, by DAGO Number 5, dated 1973. DISCUSSION: 1. Special orders awarded the applicant the following marksmanship qualification badges; however, they are not listed on his DD Form 214: * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) 2. The applicant served in the Republic of Vietnam from 8 October 1969 through 11 October 1970; during this period he participated in four campaigns. His DD Form 214 lists the Vietnam Service Medal as an authorized award; however, it does not reflect the four bronze service stars he is authorized for 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. These unit awards are not listed 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) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003619 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2