IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20170001309 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 IN THE CASE OF: BOARD DATE: 22 August 2018 DOCKET NUMBER: AR20170001309 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 1969 DD Form 214 as follows: * deleting the Vietnam Service Medal and adding – * Vietnam Service Medal with one silver service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class 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: 22 August 2018 DOCKET NUMBER: AR20170001309 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 the: * Vietnam Service Medal with five service stars * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 2. The applicant states for unknown reasons the aforementioned awards were omitted from his DD Form 214. 3. The applicant provides excerpts from Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register). 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. On 28 July 1966, the applicant was inducted into the Army of the United States. He was discharged from the Army of the United States and enlisted in the Regular Army on 4 August 1966. 3. His DA Form 20 (Enlisted Qualification Record) he served in the Republic of Vietnam from 21 June 1968 to 20 June 1969 [expiration of term of service date]. During this period he was assigned to the following units with duties as a mechanic and supply specialist: * Headquarters and Headquarters Troop, 1st Squadron, 4th Cavalry, 1st Infantry Division from 1 July to 29 October 1968 * Troop D, 1st Squadron, 4th Cavalry, 1st Infantry Division from 30 October1968 to 17 June 1969 4. On 19 June 1969, he was honorably released from active duty as an overseas returnee and transferred to the U.S. Army Reserve. He was issued a DD Form 214 showing in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the following: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 5. In support of his application, he provided excerpts from DA PAM 672-3 for the following units highlighting the service medal(s) and unit awards he believes he is entitled: a. Vietnam Service Medal with one silver service star, and b. the following unit awards based on his assignment to the below named units: (1) Headquarters and Headquarters Company, 1st Infantry Division: * Meritorious Unit Commendation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2) 1st Squadron, 4th Cavalry: Republic of Vietnam Gallantry Cross with Palm Unit Citation REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures for the completion of the DD Form 214. Regarding award and decorations, it stated all decorations, service medals, campaign credits, and badges awarded or authorized would be reflected. The source document was the DA Form 20 and award orders. 2. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. A silver service star is authorized in lieu of five bronze service stars. Appendix B shows that during the applicant's service in Vietnam, participation credit was awarded for the following five campaigns: * Vietnamese Counteroffensive Phase IV (2 April – 30 June 1968) * Vietnamese Counteroffensive Phase V (1 July - 1 November 1968) * Vietnamese Counteroffensive Phase VI (2 November 1968 - 22 February1969 * Tet 69/Counteroffensive (23 February - 8 June 1969) * Vietnam Summer – Fall 1969 (9 June - 31 October 1969) 3. Department of the Army Pamphlet (DA PAM) 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 1st Squadron, 4th Cavalry, his unit was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Order Number 21, dated 1969. DISCUSSION: 1. General orders awarded his unit, 1st Squadron, 4th Cavalry the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period of his assignment. His DD Form 214 does not reflect this unit award. 2. He provided excerpts from DA Pam 672-3 showing, while in the Republic of Vietnam, he participated in five named campaigns. A review of the criteria shows one silver service star is warranted in lieu of five bronze service stars. The Vietnam Service Medal listed on his DD Form 214 does not reflect the silver service star to denote his participation in five campaigns. 3. The applicant's unit was a subordinate unit of 1st Infantry Division. There is no evidence showing he was assigned to Headquarters and Headquarters Company, 1st Infantry Division which would entitle him to their authorized unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170001309 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170001309 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2