RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2008
	DOCKET NUMBER:  AR20070018549 


	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.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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 award of the Republic of Vietnam Campaign Medal; the Expert Marksmanship Qualification Badge, with Rifle Bar (M-14); and any other awards he may be entitled to as a result of his service in Vietnam.   

2.  The applicant states, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), does not show all his awards and decorations.

3.  The applicant provided copies of his DD Forms 214, dated 9 June 1963 and 9 June 1966; a copy of special orders, dated 16 March 1964, awarding him the Expert Marksmanship Qualification Badge, with Rifle Bar (M-14); and an Internet printout, dated 31 October 2007, describing the Republic of Vietnam Campaign Medal, 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 records show that he enlisted in the Regular Army for a period of 3 years on 13 April 1961.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS)  631.17 (Wheeled Vehicle Mechanic).  He was honorably discharged for the purpose of immediate reenlistment, on 9 June 1963.  

3.  The applicant's records further show that he reenlisted in the Regular Army for a period of 3 years on 10 June 1963 and was subsequently promoted to sergeant (SGT) on 19 November 1964.  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 9 June 1966.

4.  The applicant’s records show he served in the U.S. Army Pacific Command (USARPAC) as follows:

	a.  from 28 June 1964 to 11 May 1965, he was assigned to Company D, 173rd Support Battalion, in Okinawa, Japan, and 

	b.  from 12 May 1965 to 14 May 1966, he was assigned to Battery B, 3rd Battalion, 319th Artillery, in the Republic of Vietnam.

5.  Item 24 of the applicant's DD Form 214 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), dated 9 June 1963, shows he was awarded the Parachutist Badge, the National Defense Service Medal, the Good Conduct Medal, the Vietnam Service Medal, and one Overseas Service Bar.  Item 24 does not show award of the Republic of Vietnam Campaign Medal or the Expert Marksmanship Qualification Badge, with Rifle Bar (M-14). 

6.  Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina, Special Orders Number 62, dated 16 March 1964, show the applicant was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar (M-14), on 4 March 1964.

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 Vietnam Campaign Medal.

8.  Review of the applicant's records indicates entitlement to an additional award and decoration that are not shown on any of his DD Forms 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 3rd Battalion, 319th Artillery, was awarded the Meritorious Unit Commendation, during the period 5 May 1965 through 4 May 1967, based on Department of the Army General Orders Number 48, dated 1968; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, during the period 5 May 1965 through 26 September 1970, based on Department of the Army General Orders Number 5, dated 1973.

10.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

11.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Defense and the Vietnam Counteroffensive campaigns during his tour of duty in 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.

12.  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 evidence of record shows the applicant served in the Republic of Vietnam from 12 May 1965 to 14 May 1966; therefore, he served a qualifying period for award of the Republic of Vietnam Campaign Medal and is entitled to correction of his records to show this award.  

2.  Special orders show the applicant was awarded the Expert Marksmanship Qualification Badge, with Rifle Bar (M-14); therefore, he is entitled to correction of his records to show this award.  

3.  General Orders show the applicant’s unit was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.
4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal; additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  The applicant is therefore entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The evidence of record shows that the applicant served a qualifying period in the Republic of Vietnam for award of two Overseas Service Bars; therefore, he is entitled to correction of his records to show these awards.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  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:

	a.  deleting the entry “Overseas Service Bar” from Item 24 of the applicant’s DD Form 214, dated 9 June 1966, and 

	b.  adding the Republic of Vietnam Campaign Medal; the Expert Marksmanship Qualification Badge, with Rifle Bar (M-14); the Meritorious Unit Commendation; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; two Overseas Service Bars, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, to the applicant's DD Form 214.




						XXX
      ______________________
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070018549



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