RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 March 2008
	DOCKET NUMBER:  AR20070013750 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Gerald J. Purcell

Member

Ms. Rea M. Nuppenau

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, all awards to which he is entitled based upon his service in the Republic of Vietnam.

2.  The applicant states, in effect, that he is unsure which awards should be shown on his records.  

3.  The applicant provides a copy of Headquarters, U.S. Army Support Command Qui Nhon, Special Orders Number 092 (Extract), dated 2 April 1971, in support of his application.

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's DD Form 47 (Record of Induction) shows that he was inducted into the Army of the United States on 11 April 1969.  However, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the date of his induction as 10 April 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 57H (Cargo Handler).  The highest rank and grade he attained during his military service was private first class (PFC)/E-3.

3.  The applicant's record further shows that he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 6 April 1971.  Item 30 (Remarks) of the DD Form 214 he was issued at the time of separation contained the entry “separated from service on temporary records and Soldier’s affidavit."

4.  The applicant’s record further shows that he served in the U.S. Army Pacific Command (USARPAC) Theater of Operations from 30 September 1969 to 2 April 1971 as follows:

	a.  from 30 September 1969 to 11 January 1970; he was assigned to the 573rd Transportation Company, Ryukyu Islands, Japan;  

	b.  from 12 January 1970 to 9 June 1970; he was assigned to the 412th Transportation Company, Ryukyu Islands, Japan; 

c.  from 9 July 1970 to 16 January 1971; he was assigned to Detachment 1, Headquarters and Headquarters Company, 184th Ordnance Battalion (Ammunition), Republic of Vietnam; 

	d.  from 17 January 1971 to 7 February 1971, he was assigned to Headquarters and Headquarters Detachment, 240th Quartermaster Battalion, Republic of Vietnam; and

	e.  from 8 February 1971 to 2 April 1971, he was assigned to Company C, 54th Infantry, 240th Quartermaster Battalion, Republic of Vietnam.

5.  Item 22c (Foreign and/or Sea Service) of the applicant’s DD Form 214 shows that entry “USARPAC NVAL”, indicating that the applicant’s records were not available to determine his cumulative overseas service in the USARPAC Theater of Operations. 

6.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal.  Item 24 also shows the entry “NVAL” indicating that the applicant’s records were not available to determine his entitlement to other awards. 

7.  Item 30 (Remarks) of the applicant’s DD Form 214 shows the entry “VN SERVICE: NVAL” indicating the applicant’s records were not available to determine his service in the Republic of Vietnam.

8.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded the National Defense Service Medal and the Vietnam Service Medal. 

9.  Headquarters, 79th Transportation Battalion, Fort Story, Virginia, Special Orders Number 154, dated 25 September 1969, shows that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

10.  Headquarters, U.S. Army Ryukyu Islands, Special Orders Number 147, dated 27 May 1970, shows that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  

11.  The applicant's record contains documentation that shows he was a member of the 84th Ordnance Battalion (Ammunition) in the Republic of Vietnam on 2 December 1970 and a member of Company C, 54th Infantry, 240th Quartermaster Battalion, in the Republic of Vietnam, on 30 March 1971.  Company C, 54th Infantry was a separate rifle security company located in Cha Rang, Republic of Vietnam and under the control of US Army Support Command, Cam Ranh Bay, Republic of Vietnam.  His records additionally show that, on 2 April 1971, he outprocessed the "Company C, 54th Infantry Compound," and departed the Republic of Vietnam.  He was subsequently separated on 6 April 1971. 

12.  Review of the applicant's record indicates entitlement to additional awards that are not shown on his DD Form 214.

13.  Army Regulation 672-5-1 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 through 14 August 1974, inclusive.  

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This 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.

15.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase VII campaign during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.


16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

18.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his records to show all awards he was entitled for his service in the Republic of Vietnam.  

2.  Evidence of record shows that the applicant served 1 year, 5 months, and 4 days in the USARPAC Theater of Operations as follows:  8 months and 10 days in the Ryukyu Islands, Japan, from 30 September 1969 to 9 June 1970; and 8 months and 24 days in the Republic of Vietnam, from 9 July 1970 to 2 April 1971.  Therefore, he is entitled to correction of his records to show his overseas service in Japan and the Republic of Vietnam.
3.  Evidence of record shows that the applicant served a qualifying period for award of the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and one Overseas Service Bar.  Therefore, he is entitled to correction of his records to show these awards.

4.  Evidence of record shows that the applicant served a qualifying period for award of the Vietnam Service Medal.  Additionally, records show the applicant participated in one campaign while serving in the Republic of Vietnam.  Therefore, he is entitled to correction of his record to show award of the Vietnam Service Medal and one bronze service star to be affixed to this award.  

5.  General Orders show that the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award. 

6.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16).  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

__rtd___  __gjp___  __rmn___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 entry “NVAL” from Item 22c (foreign service) of his DD Form 214, dated 6 April 1971, and adding the entry “01 08 04” to show his total overseas service in USARPAC (Japan and the Republic of Vietnam);


	b.  deleting the entry “VN Service: NVAL” from of Item 30 (Remarks) of his DD Form 214, dated 6 April 1971, and adding the entry “VN Service: 9 July 1970 to 2 April 1971” to show his 8 months and 24 days of service in the Republic of Vietnam;

	c.  deleting the entry “NDSM NVAL” from Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, dated 6 April 1971; and 

	d.  showing award of the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar, and one Overseas Service Bar.



							Richard T. Dunbar
	______________________
          		CHAIRPERSON



INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.