IN THE CASE OF:	  

		BOARD DATE:	        7 August 2008

		DOCKET NUMBER:  AR20080008575 


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

2.  The applicant states that he was assigned to the 15th Administrative Company in the Republic of Vietnam but does not have assignment orders to that unit.  He also served with the 229th Aviation Battalion and was awarded the Air Medal (1st Oak Leaf Cluster).  He is unsure which awards he is entitled to as a result of these assignments.

3.  The applicant provided a copy of his DD Form 214, dated 2 October 1970, 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 15 February 1968. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 71B (Clerk Typist).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 2 October 1970.  The highest rank/grade he attained during his military service was specialist five (SP5)/E5.  

3.  The applicant’s records further show he served in Germany as a Clerk Typist from 9 August 1968 to 13 August 1968 and was assigned to Headquarters and Headquarters Company, U.S. Army Engineer Command-Europe.  He also served in the Republic of Vietnam as a Clerk Typist from 4 October 1969 to 1 October 1970 and was assigned to the 15th Adjutant General Company (Administration), 1st Cavalry Division. 

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Army Commendation Medal (1st Oak Leaf Cluster), the Bronze Star Medal, the Vietnam Unit Citation, and the Air Medal.  

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

6.  Headquarters, U.S. Army Training Center, Infantry, Fort Dix, New Jersey, Special Orders Number 95, dated 4 April 1968, show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  

7.  Headquarters, U.S. Army Personnel Center, Special Orders Number 274, dated 1 October 1969, show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  

8.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Summer-Fall, 1969; the Vietnam Winter-Spring, 1970; the DA Sanctuary Counteroffensive; and the Vietnam Counteroffensive, Phase VII, 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 and that one silver service star is worn instead of five bronze service stars. 

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 15th Administrative Company was awarded the Valorous Unit Award (1 May 1970 to 29 Jun 70) based on Department of the Army General Orders Number 43, dated 1972; the 
Republic of Vietnam Gallantry Cross with Palm Unit Citation (May 1969 to February 1970), based on Department of the Army General Orders Number 11, dated 1973; and the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation (1 January 1969 to 1 February 1970), based on Department of the Army General Orders Number 42, dated 1972; and the Meritorious Unit Commendation (1 July 1969 to 31 March 1970), based on Department of the Army General Orders Number 50, dated 1971.  

DISCUSSION AND CONCLUSIONS:

1.  General Orders show the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, the Valorous Unit Award, 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.

2.  Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), which are not shown on his records; therefore, he is entitled to correction of his records to show these awards.  

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to his 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 Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and four bronze service stars to 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)                                         AR20080008575



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080008575



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1