IN THE CASE OF: BOARD DATE: 30 May 2018 DOCKET NUMBER: AR20160014822 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: 30 May 2018 DOCKET NUMBER: AR20160014822 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 award of the Vietnam Service Medal from his DD Form 214 and b. adding the following awards to his DD Form 214: * Vietnam Service Medal with two bronze service stars * Expert Marksmanship Qualification Badge with Recoilless Rifle Bar * Sharpshooter Marksmanship Qualification Badge with Pistol Bar * Marksman Marksmanship Qualification Badge with Rifle Bar * Republic of Vietnam Gallantry Cross with Palm 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: 30 May 2018 DOCKET NUMBER: AR20160014822 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 item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all authorized awards for his service in Vietnam. 2. The applicant states he was involved in the Vietnam battle. 3. The applicant provides no additional evidence. 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 on 30 August 1971. 3. The applicant's DA Form 20 (Enlisted Qualification Record) shows: a. he served in Vietnam from 25 February 1972 to 26 April 1972 while assigned to Company C, 1st Battalion, 12th Cavalry Regiment (Air Mobile), 3d Brigade, 1st Cavalry Division, U.S. Army Pacific; and b. he was awarded the Vietnam Service Medal, National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, Expert Marksmanship Qualification Badge with Recoilless Rifle Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar. 4. He participated in the Consolidation II and Vietnam Cease-Fire Campaigns during his service in Vietnam. 5. He was honorably discharged on 1 May 1972. 6. Item 26 of his DD Form 214 shows he was awarded or authorized the National Defense Service Medal and the Vietnam Service Medal. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. A bronze service star is authorized with the Vietnam Service Medal for each credited campaign. 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving Vietnam. This pamphlet shows the 12th Cavalry Division (Air Mobile) was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 17 September 1965 to June 1972 in Department of Army General Orders Number 54, dated 1972. DISCUSSION: 1. Based on the applicant's service in Vietnam and participation in two campaigns, he is authorized two bronze service stars with his award of the Vietnam Service Medal. His DD Form 214 does not show these bronze service stars. 2. He was awarded the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar. His DD Form 214 does not show these marksmanship qualification badges. 3. His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. His DD Form 214 does not show this unit 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) AR20160014822 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014822 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2