IN THE CASE OF:	  

		BOARD DATE:	        28 August 2008

		DOCKET NUMBER:  AR20080005589 


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 records to show his service in the Republic of Vietnam as well as award of the Vietnam Service Medal, the Vietnam Campaign Medal, the National Defense Service Medal, the Good Conduct Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states, in effect, that he is unsure why this information is not shown on his records.

3.  The applicant did not provide any additional documentary evidence 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 he enlisted in the Regular Army for a period of 3 years on 19 January 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 95B (Military Policeman).  He was honorably discharged on 28 March 1966 for the purpose of immediate reenlistment.  On 29 March 1966, he reenlisted for a period of 3 years.  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 18 January 1968.  The highest rank/grade he attained during his service was private first class (PFC)/E-3.

3.  The applicant’s records show he served in France from 29 June 1965 to 5 April 1966.  His records also show he served in the Republic of Vietnam from 11 May 1966 to 10 May 1967.  He was assigned to Company B, 504th Military Police Battalion.

4.  Item 22c (Foreign and/or Sea Service) of the applicant's DD Form 214, dated 18 January 1968, shows the entry "1  10  0 France, VN," indicating that the applicant completed 1 year and 10 months of foreign service in France and in the Republic of Vietnam.

5.  Item 26 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214 dated 18 January 1968, already shows he was awarded the Vietnam Service Medal, the Vietnam Campaign Medal, the National Defense Service Medal, and the Good Conduct Medal.  Therefore, these awards will not be further discussed in this Record of Proceedings.  

6.  The DD Form 214 issued on 18 January 1968, also shows the applicant was awarded two Overseas Service Bars, the Marksman Marksmanship Qualification Badge with Pistol Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Item 24 does not show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the 504th Military Police Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 8, dated 1974, and the Meritorious Unit Commendation, from September 1965 to July 1966, based on Department of the Army General Orders 30, dated 1968.

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

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Counteroffensive and the Vietnam Counteroffensive, Phase II, campaigns 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in France for a period of 10 months, from 29 June 1965 to 5 April 1966, and in the Republic of Vietnam, for a period of 12 months, from 11 May 1966 to 10 May 1967, and that these periods of foreign service are already shown in Item 12h of his DD Form 214, dated 18 January 1968.  Therefore, there is no further action or correction required regarding this entry. 

2.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation, which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

3.  The evidence of record also shows that the applicant participated in two campaigns during his service in the Republic of Vietnam; therefore, he is entitled to correction of his records to show two bronze service stars affixed to his already-awarded Vietnam Service Medal.

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 showing award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, and two bronze service stars be affixed to his already-awarded Vietnam Service Medal.



																XXX
      _______ _   _______   ___
               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.

ABCMR Record of Proceedings (cont)                                         AR20080005589



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ABCMR Record of Proceedings (cont)                                         AR20080005589



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