IN THE CASE OF:	  

		BOARD DATE:	  30 December 2008

		DOCKET NUMBER:  AR20080016690 


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 authorization to wear the Navy Unit Commendation ribbon be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 31 August 1963.

2.  The applicant states, in effect, that he was questioned about wearing a Navy ribbon at an ROTC (Reserve Officers Training Corps) function.  He in turn questioned the National Personnel Records Center and found that the Navy Unit Commendation ribbon is not on his record although the award is authorized.

3.  In support of his application, the applicant submits a copy of correspondence he addressed to the National Personnel Records Center and the reply he was given by that agency; a copy of a citation for award of the Navy Unit Commendation ribbon made to Headquarters, Support Activity, Saigon; two statements of witness; and a copy of his DD Form 214.

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 enlisted in the Regular Army on 26 September 1946.  He entered active duty on the same date.  Prior to his enlistment in the Regular Army, the applicant had served 3 years, 1 month, and 14 days in the United States Navy.

3.  The applicant was honorably discharged in the rank of Sergeant First Class, on 27 March 1949, for the purpose of immediate reenlistment.  He was issued a WD AGO Form 53 (Enlisted Record and Report of Separation - Honorable Discharge) that shows in Item 33 (Decorations and Citations) he was awarded the "Asiatic-Pacific Campaign Ribbon, the World War II Victory Medal, the Good Conduct Medal, the EAME [European-African-Middle Eastern] Campaign Ribbon and the American Theater Ribbon."

4.  The evidence shows that the applicant reenlisted on 28 March 1949 and was honorably discharged for the purpose of accepting a commission as an Army officer on 14 June 1951.  He was issued a DD Form 214 (Report of Separation from the Armed Forces of the United States) that shows in Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he received no awards or decorations during the period covered by the DD Form 214.

5.  The applicant was commissioned in the United States Army Reserve (USAR), as a second lieutenant, on 15 June 1951 and entered on active duty the same day.  He served in Vietnam from 27 March 1962 through 31 August 1963, with Headquarters, Support Activity, Saigon, Military Assistance Advisory Group, Vietnam, in the positions of Assistant Motor Transport Officer and Motor Officer.

6.  The applicant was honorably separated, in the rank of captain, on 31 August 1963, under the provisions of Title 10, U.S. Code, section 3911, for the purpose of retirement.  On the date of his separation, he had completed 20 years and 19 days active military service.

7.  Item 26 (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 Army of Occupation Medal (Germany), the Armed Forces Reserve Medal, and the Armed Forces Expeditionary Medal.
8.  The applicant's DA Form 66 (Officer Qualification Record) shows in Item 23 (Qualification in Arms) that the applicant earned the following marksmanship qualification badges on the date shown:  the Expert Marksmanship Qualification Badge with Carbine Bar (M-1 Carbine), on 27 April 1960, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber Pistol), on 2 September 1954.  These marksmanship qualification badges are not shown on the applicant's DD Form 214.

9.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows the unit the applicant was assigned to was awarded the Navy Unit Commendation, for the period 1 July 1962 through 15 March 1966, by Department of the Army General Order (DAGO) Number 32, dated 1973.  This award is not shown on the applicant's DD Form 214.

10.  DA Pamphlet 672-3 also shows the US Military Assistance Command, Vietnam (USMACV), was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 8 February 1962 through 28 March 1973, by DAGO Number 8, dated 1974.  This unit award is also not shown on the applicant's DD Form 214.

11.  Army Regulation 600-8-22 (Military Awards) provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

12.  Army Regulation 600-8-22 further provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  The Government of Vietnam awarded this medal 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 six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).


13.  Army Regulation 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant served in a unit at the time it was cited for award of the Navy Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These awards are not shown on the applicant's DD Form 214.  He is entitled to have the Navy Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation added to his DD Form 214.

2.  The evidence shows the applicant served honorably on active duty during the periods 27 July 1950 through 27 July 1954 and 1 January 1961 through 14 August 1974 which were recognized for award of the National Defense Service Medal.  The applicant was awarded one National Defense Service Medal.  This award already appears on the DD Form 214, dated 31 August 1963, which was given to him at the time of his separation for the purpose of retirement.  The entry however is incorrect.  The applicant was entitled to award of the National Defense Service Medal (2nd Award); therefore, the applicant is entitled to a correction of his DD Form 214 to correctly show this award.

3.  The applicant served in the Republic of Vietnam and met the criteria for award of the Republic of Vietnam Campaign Medal with Device (1960).  He is entitled to have this award added to his DD Form 214.

4.  The applicant qualified and earned the Expert Marksmanship Qualification Badge with Carbine Bar and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  These badges are not shown on the applicant's DD Form 214.  He is entitled to have these badges added to his DD Form 214.

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:

	a.  adding the Navy Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214;

	b.  deleting the National Defense Service Medal from the applicant's DD Form 214 and adding the National Defense Service Medal (2nd Award) in its place;

	c.  adding the Republic of Vietnam Campaign Medal with Device (1960) to his DD Form 214; and

	d.  adding the Expert Marksmanship Qualification Badge with Carbine Bar and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar to the applicant's DD Form 214.



      __________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)                                         AR20080016690



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1


ABCMR Record of Proceedings (cont)                                         AR20080016690


5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1