IN THE CASE OF:	  

		BOARD DATE:	        07 OCTOBER 2008

		DOCKET NUMBER:  AR20080007348 


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, in effect, that his military records be corrected to show all of the awards and decorations that he is authorized. 

2.  The applicant essentially states that he feels that he was awarded some medals but did not receive them.  

3.  The applicant provides no additional evidence in support of this 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 military records show that he enlisted in the Regular Army on 18 June 1970.  He completed basic and advanced individual training and was awarded military occupational specialty 13A (Field Artillery Basic).  He served in the Republic of Vietnam from 11 January 1971 to 29 October 1971, serving with the 8th Battalion, 4th Artillery.  On 17 February 1972, he was honorably released from active duty at Fort Sill, Oklahoma, and transferred to the United States Army Reserve (USAR) unit in Lawton,OK.  He was ordered to active duty from the USAR on 24 May 1973, and was honorably released from active duty on 
7 September 1973.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that was issued to him at the time of his release from active duty on 7 September 1973, which will simply be referred to as his 
DD Form 214 throughout the remainder of these proceedings, shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  On 1 June 1976, he was honorably discharged from the USAR.  

3.  The applicant's DD Form 214 does not show that he was awarded the Army Commendation Medal.  However, he was awarded the Army Commendation Medal by Headquarters, XXIV Corps General Orders Number 1550, dated 
22 October 1971 for meritorious service in connection with military operations against a hostile force from January 1971 to November 1971 while serving with the 8th Battalion, 4th Artillery.

4.  The applicant's DD Form 214 also does not show that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  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 that at the time of the applicant’s assignment to the 8th Battalion, 4th Artillery, the battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 6, dated 1974.

5.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his assignment in Vietnam, the applicant participated in the Vietnam Counteroffensive Phase VII campaign and the Consolidation I campaign.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show all of the awards and decorations that he is authorized. 

2.  General orders awarded the applicant the Army Commendation Medal, but it is not listed on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Army Commendation Medal.

3.  General orders also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 8th Battalion, 4th Artillery while the applicant was assigned to this battalion.  Therefore, it would be appropriate at this time to award him the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and to correct his military records to show this unit award.

4.  The applicant participated in two campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show two bronze service stars to be 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:

1.  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 the award of the Army Commendation Medal;

	b.  awarding him the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	c.  showing two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

2.  The Board wants to thank the applicant for the sacrifices he made in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his honorable service in arms.



      ___        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)                                         AR20080007348



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ABCMR Record of Proceedings (cont)                                         AR20080007348



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