IN THE CASE OF:	  

		BOARD DATE:	        26 August 2008

		DOCKET NUMBER:  AR20080007293 


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 DD Form 214 (Report of Transfer or Discharge) to show award of the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Combat Medical Badge.  He also requests, in effect, that his dates of service in Vietnam be shown on his DD Form 214.

2.  The applicant states that these items are missing from his DD Form 214.

3.  The applicant provides no 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 was inducted on 23 June 1967.  He arrived in Vietnam on 
7 December 1967.  He served as a medical corpsman assigned to Headquarters and Headquarters Company, 3rd Brigade, 1st Cavalry Division in Vietnam from 
9 December 1967 through 25 September 1968.  He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 7th Cavalry, 1st Cavalry Division in Vietnam from 26 September 1968 through 6 December 1968. On 26 June 1969, the applicant was released from active duty.

3.  The applicant’s DD Form 214 shows the Purple Heart, the Good Conduct Medal, and the Bronze Star Medal as authorized awards.  Item 30 (Remarks) does not show any dates of service in Vietnam.

4.  Headquarters, 1st Cavalry Division (Airmobile) Special Orders Number 149, dated 28 May 1968, shows the applicant received the Combat Medical Badge.  

5.  Records show the applicant participated in five campaigns during his assignment in Vietnam.

6.  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 applicant's unit (Headquarters and 
Headquarters Company, 3rd Brigade) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (9 August 1965 to 19 May 1969) based on Department of the Army General Orders Number 59, dated 1969; and a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (17 September 1965 to June 1972) based on Department of the Army General Orders Number 54, dated 1974. 

7.  Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn; however, records should show entitlement to all authorized awards of this foreign unit award. 

8.  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.

9.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  This regulation provides 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 Republic of Vietnam Campaign Medal with Device (1960).  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.  

11.  Army Regulation 600-8-22 provides, in pertinent part, 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, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

12.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time required that service on or after 5 August 1964 in Indochina and Korea be shown in item       30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant’s service in Vietnam from 7 December 1967 through 
6 December 1968 and participation in five campaigns, he is eligible for award of the Vietnam Service Medal with one silver service star and the Republic of Vietnam Campaign Medal with Device (1960).  In addition, item 30 on his DD Form 214 should be corrected to show his inclusive dates of service in Vietnam.

2.  Orders show the applicant received the Combat Medical Badge.

3.  The applicant served a period of qualifying service for award of the National Defense Service Medal.

4.  The applicant's unit (Headquarters and Headquarters Company, 3rd Brigade) was awarded two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he is eligible to wear one of those awards.  However, his DD Form 214 should be amended to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

__xx____  ___xx___  ___xx___  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.  adding the Vietnam Service Medal with one silver service star, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Medical Badge, the National Defense Service Medal, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation on his DD Form 214; and

	b.  adding the entry, “Service in Vietnam: 7 December 1967 to 6 December 1968” in item 30 on his DD Form 214. 



      _______ _xxxx______   ___
               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)                                         AR20080007293





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ABCMR Record of Proceedings (cont)                                         AR20080007293



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