IN THE CASE OF:	  

		BOARD DATE:	        13 January 2009

		DOCKET NUMBER:  AR20080015327 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Vietnam Service Medal with one silver service star, the Republic of Vietnam Campaign Medal with Device (1960), the Marksman Marksmanship Qualification Badge with Rifle Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three Overseas Service Bars.

2.  The applicant states the awards were omitted due to an administrative oversight.

3.  The applicant provides a copy of his DD Form 214, dated 9 November 1970, and a copy of a letter, dated 3 November 2006, 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 records show he was inducted into the Army of the United States on 15 April 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 13A (Artilleryman).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 9 November 1970.  The highest rank he attained during this period of military service was specialist four/E-4.

3.  The applicant's records also show he served in the Republic of Vietnam from 15 September 1969 to 8 November 1970.  He was assigned to B Battery, 7th Battalion, 9th Artillery, from 15 September 1969 to 27 March 1970, and C Battery, 2d Battalion, 12th Artillery, from 28 March 1970 to 8 November 1970.

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, and the Good Conduct Medal.

5.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during the applicant's service in the Republic of Vietnam credit was awarded for the Vietnam Summer-Fall 1969, the Vietnam Winter-Spring 1970, the DA Sanctuary, and the Vietnam Counteroffensive Phase VII 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.  A silver service star denotes five bronze service stars.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows:

	a.  the 7th Battalion, 9th Artillery, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, from 21 February 1970 to 28 February 1971, based on Department of the Army General Orders Number 42, dated 1972; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, from 3 November 1966 to 31 March 1970, based on Department of the Army General Orders Number 51, dated 1971; and

	b.  the 2d Battalion, 12th Artillery, was awarded the Valorous Unit Award, from 1 May 1970 to 29 June 1970, based on Department of the Army General Orders Number 43, dated 1972, in addition to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

7.  Department of the Army Pamphlet 672-3 states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation badge may not be worn, official military personnel and historical records will indicate all awards received.

8.  Headquarters, U.S. Army Training Center, Armor, Fort Knox, Kentucky, Special Orders Number 154, dated 3 June 1969, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

9.  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.  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 Vietnam Campaign Medal.

10.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the overseas service bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar is authorized for each period of 6 months of active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

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

12.  Headquarters, U.S. Army Training Center, Field Artillery, Fort Sill, Oklahoma, Special Orders Number 181, dated 13 August 1969, show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show d award of the Vietnam Service Medal with one silver service star, the Republic of Vietnam Campaign Medal with Device (1960), the Marksman Marksmanship Qualification Badge with Rifle Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three Overseas Service Bars.

2.  With respect to the Republic of Vietnam Campaign Medal with Device (1960), although this award is already listed on the applicant's DD Form 214, it is not listed correctly.  There is no objection to show the correct name of this award on his DD Form 214.

3.  Special orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

4.  General orders awarded the applicant’s units of assignment the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award which are not shown on his records.  Although he is authorized to wear only one of the Republic of Vietnam Gallantry Cross with Palm Unit Citations, he is entitled to correction of his records to show all these awards.

5.  With respect to the Vietnam Service Medal with a silver service star, the evidence of record shows that the applicant participated in four campaigns while serving in the Republic of Vietnam from 15 September 1969 to 8 November 1970.  By regulation, a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign and a silver service star is authorized in lieu of five bronze service stars.  Since the applicant participated in four campaigns during his service, he is, therefore, entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.

6.  With respect to the overseas service bars, the evidence of record shows that the applicant served in the Republic of Vietnam for a period of 1 year, 1 month, and 24 days, from 15 September 1969 to 8 November 1970.  Therefore, he is authorized to wear two overseas service bars.  However, overseas service bars are items of uniform wear and therefore not authorized for entry on his DD Form 214.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the Vietnam Campaign Medal from item 24 of his DD Form 214; and

	b.  adding the Republic of Vietnam Campaign Medal with Device (1960), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), two awards 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, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal to his DD Form 214.

3.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding three overseas service bars and a silver service star to be affixed to his Vietnam Service Medal to his DD Form 214.


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      _________________________
                 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)                                         AR20080015327



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ABCMR Record of Proceedings (cont)                                         AR20080015327



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