RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  08 April 2008
	DOCKET NUMBER:  AR20070015042 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. David K. Haasenritter

Member

Mr. Edward E. Montgomery

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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding any additional awards that were omitted.

2.  The applicant states, in effect, his records should be corrected because his awards and ribbons were not shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214.

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 military personnel record shows he was inducted into the Army of the United States on 29 April 1964.  He completed the necessary training and was awarded the military occupational specialty (MOS) 71B (Clerk Typist).

3.  He served with the 14th Inventory Control Center during the period  
23 December 1965 to 22 April 1966 in the Republic of Vietnam.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training), St. Louis, Missouri on 24 April 1966.  He completed 1 year, 1 month, and 26 days of net service this period.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the awards of the Vietnam Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  However, it does not show any additional awards.

5.  A review of the applicant's record indicates entitlement to an additional award and decoration not shown in item 24 of his DD Form 214.

6.  Army Regulation 672-5-1 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, inclusive.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of 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 Republic of Vietnam Campaign Medal.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows that all units assigned in the Republic of Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

9.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Defense Campaign (8 March 1965 to 24 December 1965) and the Vietnam Counteroffensive Campaign (25 December 1965 to 30 June 1966).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.



11.  Headquarters, 4th Training Regiment (Military Police), United States Army Training Center Infantry, Special Orders Number 72, dated 4 August 1964 shows the applicant was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the additional awards that were omitted.

2.  Evidence shows the applicant is authorized award of the National Defense Service Medal.  Therefore, he is entitled to correction of his records to show this award.

3.  Evidence shows the applicant is authorized awards of the Republic of Vietnam Campaign Medal with Device (1960) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show these awards.

4.  Evidence shows the applicant was assigned to a unit that participated in two campaigns.  Therefore, he is entitled to correction of his records to show two bronze service stars to be affixed to his Vietnam Service Medal.

5.  Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

__LDS __  __DKH__  __EEM__   GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

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 showing the awards of the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Marksman Marksmanship Qualification Badge with Pistol Bar, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




____Linda D. Simmons__
          CHAIRPERSON