IN THE CASE OF:	  

		BOARD DATE:	        22 JANUARY 2009

		DOCKET NUMBER:  AR20080016123 


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 that he be furnished a new Report of Transfer or Discharge (DD Form 214) to show that he was awarded the Army Commendation Medal and the Republic of Vietnam Campaign Medal.

2.  The applicant states, in effect, that the orders awarding him the Army Commendation Medal were not published until 16 October 1968 and he was furnished a copy in November 1968 after his release from active duty (REFRAD). 

3.  The applicant provides in support of his application and through his Representative in Congress, a copy of his DD Form 214; a copy of Special Orders Number 116 dated 9 July 1968; and pictures of his awards and decorations.

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.  On 9 August 1966, the applicant was inducted into the Army in Detroit, Michigan.  He successfully completed his training as a personnel specialist.

3.  Special Orders Number 273 were published on 30 September 1966 awarding the applicant the Sharpshooter Marksmanship Qualification Badge (Rifle M-14) and Special Orders Number 36 were published on 28 February 1968 awarding him the Expert Marksmanship Qualification Badge (Rifle M-16).

4.  On 5 April 1968, the applicant was transferred to Vietnam and he was assigned to Headquarters and Headquarters Company, 31st Engineer Battalion (C)(A).

5.  The applicant's records show that while in Vietnam he participated in the following two campaigns:  the Vietnam Counteroffensive Campaign, Phase IV, which extended from 2 April 1968 through 30 June 1968; and the Vietnam Counteroffensive Campaign, Phase V, which extended from 1 July 1968 through 1 November 1968.

6.  The applicant returned to the Continental United States on 28 July 1968 and he was honorably REFRAD under the provisions of Army Regulation 635-200, chapter 5, as an overseas returnee.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Good Conduct Medal and the Vietnam Service Medal.  However, the Sharpshooter Marksmanship Qualification Badge (Rifle M-14) and the Expert Marksmanship Qualification Badge (Rifle M-16) were not included on his DD Form 214.

7.  General Orders Number 973 were published on 16 October 1968, awarding the applicant the Army Commendation Medal for meritorious service from November 1967 to August 1968.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  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.

9.  Appendix B of Army Regulation 600-8-22 states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant was assigned to a unit that was awarded the Meritorious Unit Commendation based on Department of the Army General Orders (DAGO) Number 39, dated 1970; the Republic of Vietnam Civil Actions Honor Medal Medal, First Class Unit Citation based on DAGO Number 43, dated 1970, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.

11.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It states, in pertinent part, that once a DD Form 214 has been issued, do not reissue except for the following reasons:  (1) When directed by proper appellate authority, Executive Order, or by the Secretary of the Army; (2) When it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 (Correction to DD Form 214) or if the correction requires issuance of more than two DD Forms 215; or (3) When two DD Forms 215 have been issued and an additional correction is required.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be furnished a new DD Form 214 to show that he was awarded the Army Commendation Medal and the Republic of Vietnam Campaign Medal.

2.  However, his records do not show that he met the criteria for award of the Republic of Vietnam Campaign Medal.  In accordance with the applicable regulation, the Republic of Vietnam Campaign 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.  The applicant's records show that he served in Vietnam for less than 4 months.  Therefore the Republic of Vietnam Campaign Medal was properly not included on his DD Form 214.

3.  General Orders Number 973 were published on 16 October 1968, awarding the applicant the Army Commendation Medal for meritorious service from November 1967 to August 1968.  Therefore, this award should be included on his DD Form 214.

4.  Special Orders Number 273 were published awarding the applicant the Sharpshooter Marksmanship Qualification Badge (Rifle M-14) and Special Orders Number 36 were published awarding him the Expert Marksmanship Qualification Badge (Rifle M-16).  He was also assigned to a unit that was awarded the Meritorious Unit Commendation on DAGO Number 39, dated 1970, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation based on DAGO Number 43 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.  These awards should also be included on his DD Form 214.

5.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to his Vietnam Service Medal.

6.  Additionally, in accordance with Army Regulation 635-5, the applicant is not entitled to be furnished a new DD Form 214 to reflect his awards.

7.  In view of the foregoing, it would now be in the interest of justice to correct the applicant's records as recommended below.

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 furnishing him a DD Form 215 showing that he was awarded in addition to the awards now shown on his DD Form 214, the Army Commendation Medal, the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge (Rifle M-16), the Sharpshooter Marksmanship Qualification Badge (Rifle M-14), and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 

2.  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 furnishing him a new DD Form 214 and showing that he was awarded the Republic of Vietnam Campaign 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)                                         AR20080016123



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ABCMR Record of Proceedings (cont)                                         AR20080016123



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