IN THE CASE OF: BOARD DATE: 29 March 2018 DOCKET NUMBER: AR20160010532 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: 29 March 2018 DOCKET NUMBER: AR20160010532 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. deleting the Vietnam Service Medal with three bronze service stars from his DD Form 214 for the period ending 13 August 1969; and b. adding to his DD Form 214 for the period ending 13 August 1969: * Bronze Star Medal * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Presidential Unit Citation ___________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: 29 March 2018 DOCKET NUMBER: AR20160010532 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 add, in effect, the Bronze Star Medal and the Vietnam Service Medal with four bronze service stars. 2. The applicant states a clerk failed to properly complete his DD Form 214 upon his discharge. 3. The applicant provides: * General Orders Number 3256 * Bronze Star Medal citation * page 3 of his DA Form 20 (Enlisted Qualification Record) 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 enlisted in the Regular Army (RA) on 28 October 1966. 3. General Orders Number 3256, published by Headquarters, Americal Division, on 17 June 1968, awarded him the Bronze Star Medal. 4. His DA Form 20 shows he was assigned to the Republic of Vietnam from 14 May 1967 to 6 May 1968, and served with Battery B, 3rd Battalion, 18th Artillery Regiment. 5. He was honorably discharged for immediate reenlistment on 13 August 1969. His DD Form 214 shows he completed 2 years, 9 months, and 16 days of total active service, of which 11 months and 23 days was credited as foreign service. This form also shows he was awarded the: * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * 2 overseas service bars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 6. The applicant reenlisted in the RA on 14 August 1969 and was honorably discharged on 13 August 1973. His DD Form 214 shows he completed 4 years of net service during this period of which 2 years, 10 months and 22 days was credited as foreign service in Europe. This form also shows he was awarded the Army Commendation Medal with one Oak Leaf Cluster and the Army Good Conduct Medal with two loops (2nd Award). REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This same regulation states a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns: * Vietnam Counteroffensive Phase II (1 July 1966 – 31 May 1967) * Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968) * Tet Counteroffensive (30 January – 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April – 30 June 1968) 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 Battery B, 3rd Battalion, 18th Artillery Regiment, his unit was cited for award of the: a. Presidential Unit Citation, for the period 25 April through 5 June 1967 by Department of the Army General Orders (DAGO) Number 59, dated 1969; and b. Paragraph 6d states 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. DISCUSSION: 1. General orders confirm he was awarded the Bronze Star Medal. 2. The record shows the applicant participated in four campaigns during his service in the Republic of Vietnam. However, the Vietnam Service Medal listed on his DD Form 214 only reflects three bronze service stars. It does not reflect four bronze service stars to indicate his campaign participation. 3. General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and a Presidential Unit Citation during his period of assignment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160010532 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010532 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2