IN THE CASE OF:	  

		BOARD DATE:	        18 September 2008

		DOCKET NUMBER:  AR20080007082 


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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his service in the Republic of Vietnam and all of his awards.

2.  The applicant states that he served in the Republic of Vietnam from November 1971 to June 1972 but that this service and his awards are not shown on his DD Form 214.

3.  The applicant provides copies of his DD Forms 214, envelopes and a medical treatment form showing that he was in the Republic of Vietnam, and his Enlisted Qualification Record (DA Form 20).

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 27 May 1969, the applicant enlisted in the Regular Army for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 16D (Hawk Missile Launcher Crewman).

3.  On 25 October 1969, the applicant was assigned duty as a light vehicle driver with the 6th Battalion, 60th Artillery Regiment, in the Federal Republic of Germany.  

4.  On 26 January 1970, the applicant was discharged for the purpose of reenlisting in the Regular Army.  He had attained the rank of private first class, pay grade E-3, and had completed 8 months of creditable active duty service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, effective 27 January 1970, lists his awards as the National Defense Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  

6.  On 28 January 1970, the applicant reenlisted in the Regular Army for 3 years.  

7.  Special Orders Number 178, 106th Transportation Battalion, dated 13 August 1970, awarded the applicant the Sharpshooter Qualification Badge with Rifle 
[M-14] Bar.

8.  On 14 August 1970, the applicant’s MOS was changed to 63B (Wheeled Vehicle Mechanic).

9.  Special Orders Number 265, 106th Transportation Battalion, dated 
8 December 1970, awarded the applicant the Driver and Mechanic Badge with Driver-W Bar.

10.  Special Orders Number 269, 106th Transportation Battalion, dated 
12 December 1970, awarded the applicant the Driver and Mechanic Badge with Mechanic Bar.

11.  On 5 November 1971, the applicant was assigned for duty in the Republic of Vietnam.  He was subsequently assigned as a wheeled vehicle mechanic with the 158th Aviation Battalion.

12.  On 26 June 1972, the applicant returned to the United States for duty at Homestead Air Force Base, Florida. 

13.  On 6 November 1972, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist four, pay grade E-4, and had completed 
3 years, 6 months, and 9 days of creditable active duty service.

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

15.  Army Regulation 600-8-22 (Military Awards) 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.

16.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods: the Consolidation I, the Consolidation II, and the Vietnam Cease-Fire.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

17.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

18.  Army Regulation 600-8-22 (Military Awards) 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.




DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant served in the Republic of Vietnam during the period from 5 November 1971 to 26 June 1972.  Therefore, his records should be corrected to show this service.

2.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of the Vietnam Service Medal with three bronze service stars.

3.  Records show that the applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.   

4.  Special orders show that the applicant was awarded the Driver and Mechanic Badge with Driver-W and Mechanic Bars.  Therefore, his records should be corrected to show this award.

5.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this award.

6.  Records show that the applicant served a qualifying period of service for award of the Republic of Vietnam Campaign Medal with “1960-“ Device.  Therefore, his records should be corrected to show this foreign award.

BOARD VOTE:

____X___  ___X___  ___X____  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.   showing on his DD Form 214, effective 6 November 1972, that his awards include the Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Campaign Medal with “1960-“ Device, Driver and Mechanic Badge with Driver-W and Mechanic Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and
   
   b.  adding in Item 30 (Remarks) of his DD Form 214 effective 6 November 1972 an entry showing that he served in the Republic of Vietnam from 
5 November 1971 to 26 June 1972.





      _______ _   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)                                         AR20080007082



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ABCMR Record of Proceedings (cont)                                         AR20080007082



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