IN THE CASE OF:	  

		BOARD DATE:	  	  11 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080008738 


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 the Vietnam Service Medal with 1 bronze service star and the Republic of Vietnam Campaign Medal with Device (1960-) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to establish his foreign service in the Republic of Vietnam.

2.  The applicant states that his DD Form 214 does not reflect the Vietnam Service Medal with 1 bronze service star and the Republic of Vietnam Campaign Medal with Device (1960-).  He also states that he has illnesses due to exposure to Agent Orange and he needs his DD Form 214 to verify his service in Vietnam.

3.  The applicant provides copies of his DD Forms 214 and a letter from the National Personnel Records Center 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 military service records show that he enlisted in the Regular Army on 26 January 1971.  He completed basic training and advanced individual training and was awarded the military occupational specialty 67A (Aircraft Maintenance Apprentice).

3.  Headquarters, U.S. Army School/Training Center Special Orders 230 dated 9 November 1971 awarded the applicant the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Cal).

4.  Headquarters, U.S. Army School/Training Center Special Orders 231 dated 10 November 1971 awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  The applicant's DD Form 214 for the period ending on 2 December 1971 shows that he was discharged under honorable conditions for the purpose of immediate reenlistment.  His DD Form 214 shows that he served a total of 10 months and 6 days of creditable active military service during this period.  The highest rank he achieved was specialist four/pay grade E-4.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending on 2 December 1971 shows that he was awarded the National Defense Service Medal.  Item 24 does not show that he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Cal) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

7.  The applicant’s military service records show that he served in the Republic of Vietnam from 13 January 1972 through 11 December 1972 while assigned to the 129th Aviation Company (Assault Helicopter), 7th Squadron, 17th Cavalry.

8.  Item 39 (Campaigns) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that the applicant participated in the “15th Unnamed Campaign.”

9.  Headquarters, 1st Aviation Brigade, General Orders 2188 dated 29 July 1972 awarded the applicant the Air Medal with “V” Device for heroism while engaged in aerial flight in connection with military operations against a hostile force on 1 May 1972.

10.  518th Adjutant General Personnel Service Company Special Orders 236 dated 24 August 1972 awarded the applicant the Aircraft Crewman Badge.

11.  The Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, does not contain any additional orders on file pertaining to the applicant.

12.  The applicant's DD Form 214 for the period ending on 24 May 1973 shows that he was discharged for the good of the service under honorable conditions under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations) on 24 May 1973 in the rank of private second class/pay grade E-2.  His DD Form 214 shows that he served a total of 2 years, 1 month, and 19 days of creditable active military service with 70 days of lost time due to unauthorized absence without leave during this period.

13.  Item 22c (Foreign and/or Sea Service) of the applicant's DD Form 214 for the period ending on 24 May 1973 shows the entry “FEPA-RVN” indicating service in the Republic of Vietnam for an unspecified period.

14.  Item 24 of the applicant's DD Form 214 for the period ending on 24 May 1973 shows the entry “Unknown.”

15.  Item 30 (Remarks) of the applicant's DD Form 214 for the period ending on 24 May 1973 shows the entry “Vietnam – Foreign Service Cannot be Verified from Available Official Documents.”

16.  Department of the Army General Orders 8 dated 1974 authorized 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.

17.  National Personnel Records Center letter dated 12 May 2008 authorized shipment of the following awards based on the documents provided by the applicant or available official documents:  Air Medal with “V” Device, National Defense Service Medal, Vietnam Service Medal with 1 bronze service star, Republic of Vietnam Campaign Ribbon with Device (1960-), Expert Marksmanship Qualification Badge with Pistol Bar, Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with 

Grenade Bar, and the Aircraft Crewman Badge.  This letter also states that he is authorized award of the Republic of Vietnam Campaign Medal with Device (1960-) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This letter cautions that false representation of entitlement to any decoration, service medal, or badge of the Armed Forces of the United States may result in prosecution under the provisions of the Stolen Valor Act of 2005.

18.  Army Regulation 600-8-22 (Military Awards) prescribes guidance 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 a period of 1 or more days with an organization participating in or directly supporting military operations.

19.  Appendix B (Campaigns, Service Requirements and Inscriptions Prescribed for Streamers) of Army Regulation 600-8-22 lists the Republic of Vietnam campaigns.  During the applicant's tour of duty in the Republic of Vietnam, credit was awarded for participation in the Consolidation II and Vietnam Cease Fire campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

20.  Army Regulation 600-8-22 prescribes guidance 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.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960-).

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for the Vietnam Service Medal with 1 bronze service star and the Republic of Vietnam Campaign Medal with Device (1960-) to be added to his DD Form 214 was carefully considered and determined to have merit.

2.  The applicant’s military service records show that he served in the Republic of Vietnam for a period of 10 months and 29 days from 13 January 1972 through 11 December 1972 while assigned to the 129th Aviation Company (Assault Helicopter), 7th Squadron, 17th Cavalry.  Therefore, he is entitled to correction of his records to show this period of foreign service.

3.  The Vietnam Service Medal was awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam with an organization participating in or directly supporting military operations after 3 July 1965 through 28 March 1973.  During the applicant's tour of duty in the Republic of Vietnam, credit was awarded for participation in the Consolidation II and Vietnam Cease Fire campaigns.  Therefore, he is entitled to correction of his records to reflect award of the Vietnam Service Medal with 2 bronze service stars.

4.  The Republic of Vietnam Campaign Medal with Device (1960-) 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.  Therefore, he is entitled to correction of his records to reflect this award.

5.  A review of the applicant's military service records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214 for the period ending 24 May 1973.

6.  Special Orders 230 dated 9 November 1971 awarded the applicant the Expert Marksmanship Qualification Badge with Pistol Bar (.45 Cal).  Therefore, he is entitled to correction of his records to reflect this award.

7.  Special Orders 231 dated 10 November 1971 awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his records to reflect this award.

8.  The applicant’s DD Form 214 for the period ending on 2 December 1971 shows that he was awarded the National Defense Service Medal.  Therefore, he is entitled to correction of his records to reflect this award.

9.  Special Orders 236 dated 24 August 1972 awarded the applicant the Aircraft Crewman Badge.  Therefore, he is entitled to correction of his records to reflect this award.


10.  General Orders 2188 dated 29 July 1972 awarded the applicant the Air Medal with “V” Device for heroism while engaged in aerial flight in connection with military operations against a hostile force on 1 May 1972.  Therefore, he is entitled to correction of his records to reflect this award.

11.  General Orders 8 dated 1974 authorized 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.  Therefore, he is entitled to correction of his records to reflect this award.

12.  Based on the unavailability of the applicant’s military service records at the time of issuance of his DD Form 214 for the period ending on 24 May 1973 and the foregoing considerations, it is now appropriate to issue a new DD Form 214 which reflects the applicant’s complete military service.

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 pertaining to the individual concerned be corrected by issuing a new DD Form 214 to show:

	a.  his foreign service computation of 10 months and 29 days in item 22c;

	b.  his foreign service in the Republic of Vietnam from 13 January 1972 through 11 December 1972 in item 30; and

   c.  the following awards in item 24:  Air Medal with “V” Device, National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960-), Aircraft Crewman 

Badge, Expert Marksmanship Qualification Badge with Pistol Bar (.45 Cal), Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Republic of Vietnam Gallantry Cross with Palm Unit Citation.



      ____________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)                                         AR20080008738





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080008738



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1