IN THE CASE OF:	   

		BOARD DATE:	        16 December 2008

		DOCKET NUMBER:   AR20080009530 


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, all medals and decorations he earned from 1966 through 1973 be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, he did not know he could make this request until working with the American Legion on his claim for service-connected disabilities.

3.  The applicant provides a DD Form 214 for the period 29 December 1966 to 20 December 1968 and a DD Form 214 for the period 12 August 1970 to 
10 August 1973 in support of this application.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

The American Legion, as counsel for the applicant, states, in effect, that following careful review of the evidentiary record, the issues raised by the applicant amply advance his contentions and substantially reflect the probative facts needed for an equitable review.







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 enlisted on 29 December 1966 for two years and upon completion of initial entry training was awarded military occupational specialty 76P (Stock Control and Accounting Specialist).  He arrived in the Republic of Vietnam on 20 July 1967 and was assigned to the 241st Transportation Company.  The applicant departed the Republic of Vietnam on 15 July 1968 and was honorably released from active duty on 20 December 1968.  On 12 August 1970, he enlisted for a period of three years and served a second tour of duty in the Republic of Vietnam from 18 August 1970 through 17 August 1971 while assigned to Company B, 40th Signal Battalion.  He was discharged on 10 August 1973.

3.  Block 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 for the period ending 20 December 1968 shows the Marksman Badge, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and one overseas service bar as authorized awards.

4.  Block 24 of the applicant's DD Form 214 for the period ending 10 August 1973 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and four overseas service bars as authorized awards.

5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam.


6.  Department of the Army Pamphlet 672-3 shows the unit the applicant was assigned to while serving in the Republic of Vietnam from 20 July 1967 through 15 July 1968 was cited for award of the Meritorious Unit Commendation for actions during the period 1 November 1966 to 31 October 1967 by Department of the Army General Orders Number 48, dated 1968.

7.  Department of the Army Pamphlet 672-3 shows Department of the Army General Orders Number 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.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for the Republic of Vietnam.  During the applicant's tours in the Republic of Vietnam he participated in six campaigns:  the Vietnam Counteroffensive, Phase III; Tet Counteroffensive; Vietnam Counteroffensive, Phase IV; Vietnam Counteroffensive, Phase V; Vietnam Counteroffensive, Phase VII; and Consolidation I.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver star is worn instead of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that all medals and decorations he earned from 
1966 through 1973 be added to his DD Form 214 has been carefully considered.

2.  General Orders show the unit the applicant was assigned to was awarded the Meritorious Unit Commendation.  Therefore, he is entitled to have his records corrected to show this unit awards.

3.  General Orders also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units, which included the 241st Transportation Company.  Therefore, he is entitled to have his records corrected to show this unit award.

4.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in six campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one silver service star and one bronze service star to be affixed to the already-awarded Vietnam Service Medal.



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 amending his DD Form 214 to add the Meritorious Unit Commendation, the 
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver service star and one bronze service star to be worn on his already-awarded Vietnam Service Medal.



      __________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)                                         AR20080009530



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ABCMR Record of Proceedings (cont)                                         AR20080009530



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