IN THE CASE OF:	

		BOARD DATE:	  15 January 2009

		DOCKET NUMBER:  AR20080016563 


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 any unit awards received by C Battery, 8th Battalion, 6th Artillery during the period which he was assigned during the Vietnam War.

2.  The applicant states these awards are not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 23 April 1966.

3.  The applicant provides a copy of his DD Form 214 with an effective date of 
23 April 1966 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 personnel record shows he initially enlisted in the Virginia Army National Guard on 9 January 1961.  On 24 March 1961 he enlisted in the Regular Army for a period of 3 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty of 141.60 (Light and Medium Field Artillery Crewman).

3.  On 30 April 1963, the applicant reenlisted for a period of 3 years.

4.  The applicant was assigned to C Battery, 8th Battalion, 6th Artillery, in the Republic of Vietnam during the period from 19 September 1965 to 21 April 1966.

5.  On 23 April 1966, the applicant was released from active duty by reason of being an overseas returnee.  He had completed 2 years, 11 months, and 24 days during this period of service that was characterized as honorable.  Item 26 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the applicant was awarded the Army Good Conduct Medal, the Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  The applicant's records show that he is entitled to additional awards which are not listed on his DD Form 214.

7.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Vietnam Defense Campaign (8 March 1965 - 24 December 1965) and the Vietnam Counteroffensive Campaign (25 December 1965 - 30 June 1966).

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows that during the time of the applicant’s assignment to the 8th Battalion, 6th Artillery, the unit received the following unit awards:

	a.  the Republic of Vietnam Gallantry Cross Unit Citation with Palm for the period from 12 July 1965 to 16 October 1968, based on Department of the Army General Order Number 21, dated 1969; and 

	b.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from October 1965 to 7 April 1970, based on Department of Army General Order Number 53, dated 1970.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period from 27 July 1950 through 27 July 1954, from 1 January 1961 through 14 August 1974, from 2 August 1990 through 30 November 1995, and from 11 September 2001 to a date to be determined.

10.  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 the Republic of Vietnam to all members of the Armed Forces of the United States for qualifying service in the Republic of Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the Republic of Vietnam for 6 months or more.

11.  Army Regulation 600-8-22, in pertinent part, provides that bronze service stars are worn on campaign and service medals to denote participation in a named campaign, which in this case is the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that awards received by his unit during his service in the Republic of Vietnam are not entered on his DD Form 214 with an effective date of 23 April 1966.

2.  Based on the applicant's service with the 8th Battalion, 6th Artillery, he is authorized the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

3.  The applicant was assigned in the Republic of Vietnam for a period of 7 months.  Therefore, he is authorized the Republic of Vietnam Campaign Medal with Device (1960).

4.  Records show the applicant's period of service was served honorably during the period 1 January 1961 through 14 August 1974.  Therefore, the applicant is authorized the National Defense Service Medal.

5.  The applicant's military personnel records show he participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is authorized two bronze service stars to be worn on his 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 item 26 of the applicant's DD Form 214 with an effective date of 23 April 1966 to show he was awarded or is authorized the National Defense Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Campaign Medal with Device (1960), and two bronze service stars to be affixed to 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)                                         AR20080016563



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080016563



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1