BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160010301 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF _____x___ ____x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160010301 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 (Certificate of Release or Discharge from Active Duty) to: a. delete the Vietnam Service Medal from item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), and b. add the following awards to item 13 of his DD Form 214: * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Civil Action Honor Medal First Class Unit Citation * Korea Defense Service Medal 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to add the Meritorious Unit Commendation in item 13. x _______________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: 30 May 2018 DOCKET NUMBER: AR20160010301 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the following awards to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Meritorious Unit Award (referred to as the Meritorious Service Award) * Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar. 2. The applicant states the letter he was provided from the Nation Personnel Records Center St. Louis, MO, does not list the Air Medal and Republic of Vietnam Gallantry Cross with Palm Unit Citation. Additionally, his DD Form 214 does not list the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar, nor the Meritorious Unit Commendation. 3. The applicant provides copies of his DD Form 214 and a letter from the National Personnel Records Center. 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 appointed an officer in the U.S. Army Reserve (USAR) and served in the Regular Army in an active duty status from 9 December 1969 to 10 December 1980. 3. The applicant's DA Form 2-1 (Personnel Qualification Record) and page 2 of his DA Form 66 (Officer Qualification Record) contains the following entries: a. item 5 (Overseas Service) of his DA Form 2-1 shows he served in Vietnam from 13 November 1970 to 13 August 1971. b. item 18 (Record of Assignments) of his DA Form 66 shows he was assigned to the below units in Vietnam: (1) U. S. Army Vietnam Transportation Detachment from 17 July 1970 to 7 October 1970, (2) Company D, 1st Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade from 17 November 1970 to 13 April 1971, and (3) Troop E, 17th Cavalry Regiment, 173rd Airborne Brigade from 14 April 1971 to 12 August 1971 4. Department of the Army General Orders Number 521 issued by Headquarters, 73rd Airborne Brigade, dated 8 March 1971, awarded him the Air Medal, for the period 12 November 1970 to 1 March 1971, for meritorious achievement while participating in aerial flight in the Republic of Vietnam. 5. Item 5 of the applicant's DA Form 2-1 shows he served in Korea from 12 August 1975 to 6 September 1976. This form also shows he qualified with an m-16 rifle on 12 February 1979, but does not indicate his level of qualification. 6. He was honorably released from active duty to the USAR Control Group (Reinforcement) in the rank/grade of captain/O-3. His DD Form 214 shows he completed 11 years and 2 days of active service and 1 year, 9 months, and 25 days are foreign service. 7. His DD Form 214 also shows he was awarded or authorized the: * National Defense Service Medal * Senior Parachutist Badge * Bronze Star Medal * Ranger Tab * Vietnam Service Medal * Army Commendation Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Combat infantryman Badge * Armed Forces Reserve Medal * Republic of Vietnam Campaign Medal * Vietnam Cross of Gallantry with Palm Unit Citation * Air Medal 8. The letter he provided from the National Personnel Records Center shows he was advised he was being shipped the following awards based on the documents he provided and the official documents available: * Bronze Star Medal * Army Commendation Medal with 2 bronze service stars * National Defense Service Medal Vietnam Service Medal * Armed Forces Reserve Medal * Combat Infantryman Badge (1st Award) * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar * Parachutist Badge (Senior) * Ranger Tab 9. The applicant is entitled to an additional award that is not listed on his DD Form 214. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states: a. A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. The applicant participated in the following four Vietnam Campaigns: * Vietnam Winter-Spring 1970, 1 November 1969 - 30 April 1970 * DA Sanctuary Counteroffensive, 1 May 1970 - 30 June 1970 * Vietnam Counteroffensive, Phase VII, 1 July 1970 - 30 June 1971 * Consolidation I, 1 July 1971 - 30 November 1971 b. The Korea Defense Service Medal is authorized for award to Servicemembers of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. c. Requirements for award of basic marksmanship qualification badges. The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987. This pamphlet shows, the applicant's unit, the 503rd Infantry, 1st Battalion was cited for award of the following unit awards: a. The Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 5 May 1965 through 26 September 1970, by Department of the Army General Orders (DAGO) Number 51, dated 1971. b. The Republic of Vietnam Civil Action Honor Medal First Class, for the period 15 April 1969 through 16 March 1971, by DAGO number 5, dated 1973. DISCUSSION: 1. The applicant states that the letter he received from the Nation Personnel Records Center St. Louis, MO, does not list the Air Medal and Republic of Vietnam Gallantry Cross with Palm Unit Citation; however, his DD Form 214 lists both of these awards. 2. The applicant also contends he qualified for award of the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar; however, there are no orders nor any other evidence available to show his level of marksmanship nor the weapon used for his qualification. 3. The applicant participated in four campaigns during his service in Vietnam; however, the Vietnam Service Medal listed on his DD Form 214 does not reflect the four bronze service stars to denote his participation in these campaigns. 4. The applicant's unit in Vietnam was cited for award of the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation during the period of his assignment. This unit award is not reflected on his DD Form 214. 5. The none of applicant's units in Vietnam was not cited for award of the Meritorious Unit Commendation during the period of his assignment; as such, this unit award is not reflected on his DD Form 214. 6. The applicant served in Korea during a period qualifying for award of the Korea Defense Service Medal; however, his DD Form 214 does not reflect this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160010301 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010301 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2