IN THE CASE OF: BOARD DATE: 28 November 2017 DOCKET NUMBER: AR20160005290 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 November 2017 DOCKET NUMBER: AR20160005290 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 from this DD Form 214 the Vietnam Service Medal and adding to his DD Form 214 the: * Air Medal * Vietnam Service Medal with three 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-16 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. IN THE CASE OF: BOARD DATE: 28 November 2017 DOCKET NUMBER: AR20160005290 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 Air Medal and all other authorized awards. 2. He states the Air Medal is missing from his DD Form 214. 3. He provides General Orders Number 1239, dated 3 February 1969. 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 1 November 1967. He served as an infantry indirect fire crewman. He was honorably released from active duty by reason of hardship discharge on 11 September 1968 in the rank of private first class (PFC/E-3). 3. His DA Form 20 (Enlisted Qualification Record) shows in Item 38 (Record of Assignments) that he was assigned to Company A, 2nd Battalion (Airborne), 327th Infantry, Vietnam, from 26 March to 8 September 1968. 4. Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, issued Special Orders awarding the applicant the Expert Marksmanship Qualification Badge with Rifle Bars (M-16 and M-14). 5. The applicant provides General Orders 1239, dated 3 February 1969, issued by Headquarters, 101st Airborne Division, awarding him the Air Medal, effective January 1969, for meritorious achievement while participating in aerial flight on 4 August 1968. 6. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, and Combat Infantryman Badge. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for award of the Vietnam Service Medal. It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. He participated in the Tet Counteroffensive (30 January to 1 April 1968), Vietnam Counteroffensive, Phase IV (2 April to 30 June 1968), and Vietnam Counteroffensive Phase V (1 July to 1 November 1968) campaigns. 2. 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 the 2nd Battalion, 327th Infantry, was cited for award of the: * Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969, by Department of the Army General Orders (DAGO) Number 43, dated 1970 * RVN Civil Actions Honor Medal First Class Unit Citation, for the period 18 March 1968 to 2 May 1970, by DAGO Number 48, dated 1971 DISCUSSION: 1. General Orders awarded him the AM and Special Orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16 and M-14). The AM and badge are not shown on his DD Form 214. 2. The applicant was previously awarded the Vietnam Service medal and his participation in three campaigns authorizes him three bronze service stars for wear on this medal. The service stars are not shown on his DD Form 214. 3. General Orders confirmed award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation to his unit for periods during which he was assigned to the unit. These unit awards are 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) AR20160005290 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005290 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2