BOARD DATE: 22 March 2018 DOCKET NUMBER: AR20160006276 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: 22 March 2018 DOCKET NUMBER: AR20160006276 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. adding the following awards to his DD Form 214: * Valorous Unit Award (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * National Defense Service Medal b. providing the applicant with a Certificate of Retirement with an effective date of 15 July 1967. __________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: 22 March 2018 DOCKET NUMBER: AR20160006276 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 a Valorous Unit Award (VUA). He further requests correction of the date on his retirement certificate and a personal appearance hearing before the Board. 2. The applicant states according to a published 1st Infantry Division yearbook, his unit received a VUA for combat actions in the Republic of Vietnam. He also claims both of his retirement certificates have retirement dates which do not match one another nor the date on his DD Form 214. 3. The applicant provides: * DD Form 214 * 2 DD Forms 363A (Certificate of Retirement) * 4-page extract from a 1st Infantry Division publication * a letter * 3-page article * DD Form 215 (Correction to 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 23 April 1964. 3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the Republic of Vietnam from 25 September to 17 December 1965 and served with Company A, 2nd Battalion, 2nd Infantry Regiment. 4. Special Orders Number 133 issued by Headquarters, Department of the Army, Washington, DC, on 7 July 1967, honorably released the applicant from active duty on 14 July 1967. He was placed on the temporary disability retired list on 15 July 1967. 5. He retired honorably due to temporary disability on 14 July 1967. His DD Form 214 shows he completed 3 years, 2 months, and 22 days of total active service, of which 2 months and 22 days was credited as foreign service. This form also shows he was awarded the: * Purple Heart * Vietnam Service Medal with one bronze service star * Republic of Vietnam Campaign Medal with Device (1960) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Army Good Conduct Medal 6. On 15 February 1968, his DD Form 214 was corrected, in effect, by adding the: * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar 7. The applicant provided two DD Forms 363A with two different retirement dates: 1 April 1969 and 1 June 1969. REFERENCES: 1. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR will decide cases on the evidence of record. It is not an investigative body. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. Additionally, applicants may be represented by counsel at their own expense. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. During the period in which the applicant was assigned to Company A, 2nd Battalion, 2nd Infantry Regiment, his unit was cited for award of the: a. VUA, for the period 5 December 1965, by Department of the Army General Orders (DAGO) Number 40, dated 1966; b. VUA for the period 12 November 1965, by DAGO Number 20, dated 1967; c. Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period October 1965 through 7 April 1970, by DAGO Number 53, dated 1970; and d. Paragraph 6d, states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973. 3. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined. DISCUSSION: 1. The applicant's request for a personal appearance hearing was carefully considered. However, by regulation, an applicant is not entitled to a hearing before the Board. Hearings may be authorized by a panel of the Board or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant are sufficient to render a fair and equitable decision at this time. 2. General orders awarded his unit in Vietnam two VUAs, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation during his period of assignment. 3. The applicant served a qualifying period for award of the NDSM. His DD Form 214 does not show this award. 4. Special orders show the applicant was placed on the temporary disability retired list on 15 July 1967. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006276 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160006276 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2