IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170004047 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 19 September 2018 DOCKET NUMBER: AR20170004047 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show, in effect, the following awards: * Aircraft Crewman Badge * Army Good Conduct Medal * Army Commendation Medal * Air Medal with Oak Leaf Cluster (2nd Award) * Presidential Unit Citation * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 2. The applicant states he earned these medals and they should be reflected on his DD Form 214. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting documents: * Special Order (SO) 129, dated 25 May 1967 * General Order (GO) 4597, dated 29 September 1967 * GO 5534 dated, 17 November 1967 * GO 5642 dated, 24 November 1967, * GO 101 dated, 8 July 1968 * DD Form 214 for the period ending 28 August 1968 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * GO 273 dated, 19 February 1967 * SO 129, dated 25 May 1967 * GO 4597, dated 29 September 1967 * GO 5534, dated 17 November 1967 * GO 5642, dated 24 November 1967 * GO 101, dated 8 July 1968 * DA Form 20 (Enlisted Qualification Record) * DD Form 214 REFERENCES: 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. 2. 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. 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 the applicant's service in Vietnam, participation credit was awarded for the following three campaigns: * Vietnam Counteroffensive, (25 December 1965 - 30 June 1966) * Vietnamese Counteroffensive Phase II (1 July 1966 – 31 May 1967) * Vietnamese Counteroffensive Phase III (1 June 1967 – 29 January 1968) 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. This pamphlet shows 1st Battalion, 503rd Infantry was cited for the following unit awards during his period of assignment: * Meritorious Unit Commendation for the period from 5 May 1965 to 4 May 1967 by Department of the Army (DAGO) 48, dated 1968 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 5 May 1965 to 26 September 1970 by DAGO 51, dated 1971 b. This same pamphlet shows 335th Aviation Company was cited for the following unit awards during his period of assignment: * Presidential Unit Citation for the period from 6 to 23 November 1967 by DAGO 5, dated 1979 amended DAGO 42, 1969 * Meritorious Unit Commendation for the period from 1 February to 31 December 1967 by DAGO 70, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 27 March 1967 to 17 May 1968 by DAGO 46, dated 1969 c. Not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records. d. An oak leaf cluster is authorized for wear for each additional award of the Meritorious Unit Commendation. 4. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation states for item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to enter all awards for all periods of service. Check the Soldier's records for validity of awards. DISCUSSION: 1. While 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 September 1965. 3. He served in the Republic of Vietnam from 7 April 1966 to 12 November 1967 in the following units: * Company A, 173rd Airborne Brigade (Separate) from 8 April to 9 May 1966 * Company C, 1st Battalion (Airborne), 503rd Infantry from 10 May 1966 to 16 April 1967 * 335th (Assault) Helicopter Company from 17 April to 10 November 1967 4. On 28 August 1968 the applicant was honorably released from active duty and transferred to the Reserve Component. He was issued a DD Form 214 showing the following awards: * National Defense Service Medal * Combat Infantryman Badge * Vietnam Service Medal * Parachute Badge * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal with "V" Device * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 5. The applicant provided and his record contains orders announcing the following awards that are not shown on his DD Form 214: * Aircraft Crewman Badge (Permanent) * Air Medal (15th Award) * Army Commendation Medal * Army Good Conduct Medal (1st Award) 6. Orders also announced the following unit awards during his periods of assignment: * Presidential Unit Citation * Meritorious Unit Commendation (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) 7. The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation was not awarded to his units during his various periods of his assignment. 8. The evidence of record shows the applicant participated in three campaigns during his tour in Vietnam. He meets the criteria for the addition of three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170004047 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2