IN THE CASE OF: BOARD DATE: 7 June 2018 DOCKET NUMBER: AR20160008023 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :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: 7 June 2018 DOCKET NUMBER: AR20160008023 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 reflect all awards, decorations, medals, badges, commendations, citations, and campaign ribbons he was awarded or authorized. 2. The applicant states he received medals and decorations found in the Personnel Records Center. 3. The applicant provides a copy of a letter from the National Personnel Records Center, dated 24 February 2016. 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 27 January 1970. 3. The applicant's DA Form 20 (Enlisted Qualification Record), dated 20 November 1970, shows in Item 38 (Record of Assignments), he was assigned to: * Charlie Company, 5th Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile) on 6 October 1970 * 23rd Infantry from 3 March to 13 March 1971 4. Special Orders Number 195, dated 20 July 1970, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and the Basic Marksmanship Qualification Badge with Machinegun Bar (M-60). 5. Special Orders Number 351, dated 17 December 1970, show the applicant was awarded the Combat Infantryman Badge effective 1 December 1970. 6. General Orders Number 2891, dated 13 February 1971, shows the applicant was awarded the Army Commendation Medal (ARCOM) for meritorious service. 7. He was released from active duty under honorable conditions on 17 March 1971. He completed 1 year and 27 days of total active service. His DD Form 214 shows in: a. Item 22e (Foreign and/or Sea Service), U.S. Army Pacific, 6 months and 12 days. b. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal c. Item 30 (Remarks), Republic of Vietnam (RVN) period of service from 5 September 1970 to 16 March 1971. 8. The applicant provides a letter from the National Personnel Records Center, dated 24 February 2016. The letter shows the applicant was authorized Republic of Vietnam Campaign Medal with Device (1960) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. He was authorized shipment of the following awards or ribbon: * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal with one bronze service star * Combat Infantry Badge (1st Award) * Republic of Vietnam Campaign Ribbon with Device (1960) * Sharpshooter Badge with Auto Rifle Bar * Marksman Badge with Machinegun Bar 9. A review of his record indicates he is entitled to additional awards not listed on his DD Form 214. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states: a. 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. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal. b. A Bronze Service Star is worn on the Vietnam Service Medal for each credited campaign listed in appendix B. His service in Vietnam coincided with one campaign (Vietnam Counteroffensive Phase VII – 1 July 1970 to 30 June 1971). 2. Department of the Army Pamphlet 672-3 shows 5th Battalion, 7th Cavalry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 21 February 1970 to 28 February 1971, by Department of the Army General Order (DAGO) Number 42, dated 1972. DISCUSSION: 1. The applicant's military records show he was awarded or authorized the Army Commendation Medal, Combat Infantryman Badge (1st Award), Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60), RVN Campaign Medal with Device (1960), and RVN Gallantry Cross with Palm Unit Citation. The awards are not listed his DD Form 214. 2. The applicant was awarded the Vietnam Service Medal and he participated in one campaign. His DD Form 214 does not show the Bronze Service Star he is authorized. 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 amending his DD Form 214 by deleting the Vietnam Service Medal and adding the: * Army Commendation Medal * Combat Infantryman Badge * Vietnam Service Medal with one Bronze Service Star * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksmanship Qualification Badge with Machinegun Bar (M-60) 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160008023 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160008023 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2