IN THE CASE OF:	 

		BOARD DATE:	  24 September 2008

		DOCKET NUMBER:  AR20080007072 


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: 

	a.  his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his service in the Republic of Vietnam (RVN); and

	b.  award of all awards and decorations to which he is entitled.

2.  The applicant states, in effect, that he wants his DD Form 214 corrected to show all the awards reflected in DA Form 1577 (Authorization for Issuance of Awards) he received from the Army Personnel Center, St. Louis.   

3.  The applicant provides a copy of his DD Form 214 and a copy of DA Form 1577, dated 11 September 1991.

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.  On 10 January 1967, the applicant was inducted into the Army of the United States.  He was trained in, awarded, and served in military occupational specialty (MOS) 13A (Cannoneer).  He attained the grade of specialist/E-4.  On
5 December 1968, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  On 1 January 1973, he was honorably discharged from the USAR upon completion of his statutory military obligation.

3.  The applicant served in the RVN from 18 December 1967 through
10 November 1968.  He performed duties as a cannoneer with A Battery,
6th Battalion, 11th Artillery, and after 5 February 1968, with B Battery, 
3rd Battalion, 16th Artillery.  The applicant's RVN service is correctly shown on his DD Form 214 in Item 22c (Foreign and/or Sea Service) as "Vietnam 
10 months and 23 days."

4.  The DA Form 1577 submitted by the applicant indicates he is entitled to award of the Army Good Conduct Medal (AGCM), the National Defense Service Medal (NDSM) , the Vietnam Service Medal (VSM) with 1 silver service star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Campaign Medal with (1960) Device.  The NDSM is already shown on his DD Form 214. 

5.  The applicant's records show that he received ratings of excellent in conduct and efficiency.  There is no evidence the applicant was disqualified for award of the AGCM.

6.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the AGCM is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.



7.  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.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the VSM.  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.  

9.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in TET Counteroffensive, the Vietnam Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V, and the Vietnam Counteroffensive Phase campaigns.  This same regulation states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.  This regulation also states that a silver service star is authorized in lieu of five bronze service stars.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal with (1960) Device.  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.

11.  Department of the Army Pamphlet 672-3 shows a unit to which the applicant was assigned (16th Artillery) was cited for award of the Valorous Unit Award (VUA) for the period 4-12 February 1968, by Department of the Army General Orders Number 43, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service in the RVN is correctly shown on his DD Form 214 in Item 22c.  Therefore, no action will be taken on this request.


2.  The applicant completed a qualifying period of service for the first award of the AGCM.  There is no evidence in the available records which show the applicant was disqualified for this award.  Therefore, the applicant is entitled to award of the AGCM for the period 10 January 1967 through 5 December 1968 and to correction of his records to show the award of the AGCM (First Award).

3.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross With Palm Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to have his records corrected to show this foreign unit award.

4.  The applicant had a qualifying period of service for award of the VSM.  The applicant participated in 4 campaigns during his service in the RVN.  Therefore, he is eligible for award of 4 bronze service stars to be affixed on his already-awarded Vietnam Service Medal.  Notwithstanding the DA Form 1577, issued on 11 September 1991, which indicated the applicant was entitled to 1 silver service star to be affixed to his VSM representing his participation in 5 campaigns, his official record shows that because of his dates of service in the RVN, he only participated in 4 campaigns.

5.  The applicant had a qualifying period of service for award of the Vietnam Campaign Medal with (1960) Device.  Therefore, he is entitled to have his record corrected to show this award.

6.  General Orders awarded the applicant's unit the VUA for the period
4-12 February 1968.  Therefore, he is entitled to have records corrected to shows this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X____  ___X___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  awarding the AGCM (First Award) for the qualifying period of 10 January 1967 through 5 December 1968 and correcting the record to show this award;

	b.  authorizing the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correcting the record to show this award; 

	c.  awarding the VSM with 4 bronze service stars and correcting the record to show this award;

	d.  awarding the Vietnam Campaign Medal with (1960) Device and correcting the record to show this award; and 

	e.  awarding the VUA and correcting the record to show this award.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the applicant's service in the RVN on his DD Form 214.  




      _______ _X   _______   ___
               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)                                         AR20080007072





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ABCMR Record of Proceedings (cont)                                         AR20080007072



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