IN THE CASE OF:	  

		BOARD DATE:	       10 February 2009

		DOCKET NUMBER:  AR20080018338 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and any other unit or personal awards to which he is entitled.

2.  The applicant states, in effect, the Republic of Vietnam Gallantry Cross with Palm Unit Citation was omitted from his DD Form 214 and that he was recently made aware of the missing award.

3.  The applicant submitted a copy of his DD Form 214 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 record shows he enlisted in the Regular Army on 27 July 1967 for a period of 3 years.  He completed basic training and advanced individual training and was awarded military occupational specialty (MOS) 62K (Grader Operator).  On 6 June 1969 he was awarded MOS 71H (Personnel Specialist) as his primary MOS.  The highest rank he attained while serving on active duty was specialist five (SP5)/E-5. 

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 18 December 1967 through 11 December 1968, performing duties in MOS 62K as a Grader Operator,  During his Republic of Vietnam tour he was assigned to the 577th Engineer Battalion (Construction).

4.  Item 39 (Campaigns) of the applicant's DA Form 20 shows he served in five campaigns:  Vietnam Counter Offensive Phase III (1 June 1967 – 29 January 1968); Tet Counteroffensive (30 January 1968 – 1 April 1968); Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968); Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968); and Unnamed Campaign (later designated the Vietnam Counteroffensive Phase VI
(2 November 1968 – 22 February 1969)).

5.  Section 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure:  the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, two Overseas Service Bars, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter Marksmanship Qualification Badge with Pistol Bar
(.45 caliber), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 

6.  On 24 July 1970, the applicant was honorably released from active duty (REFRAD) and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed
2 years, 11 months, and 28 days of creditable active service during his tenure of service.  His DD Form 214 shows award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, two Overseas Service Bars, and the Expert and Sharpshooter Marksmanship Qualification Badge with no weapon designation.   


7.  A review of the applicant’s record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

8.  General Orders Number 13, Headquarters, 1st Battalion, 18th Artillery Division, dated 30 June 1970, show the applicant was awarded the Good Conduct Medal for the period of service from 27 July 1967 through "26" July 1970, which is not shown on his DD Form 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the 577th Engineer Battalion (Construction), the unit to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation from 12 June 1967 through 7 December 1968 by Department of the Army General Orders Number 48, dated 1969.

10.  Department of the Army Pamphlet 672-3, paragraph 6d states that Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm to the following units:

	a.  Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  Army Regulation 600-8-22 (Military Awards), Appendix B, shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam he participated in five 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.  This regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that he is entitled to correction of his record to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and other medals and decorations was carefully considered and found to have merit.



2.  General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units within Headquarters, United States Military Assistance Command and Headquarters, United States Army Vietnam.  Therefore, he is entitled to correction of his records to show this award.

3.  General Orders Number 13, dated 30 June 1970, awarded the applicant the Good Conduct Medal.  Therefore, his records should be corrected to show this award.

4.  Evidence of record shows he was awarded the Vietnam Service Medal.  The applicant also participated in five campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of the Vietnam Service Medal with one silver service star.

5.  General Orders show the 577th Engineer Battalion was awarded the Meritorious Unit Commendation while the applicant was assigned to this unit, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show this award.

6.  Evidence of record shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 caliber).  Therefore, his records should be corrected to show this award.

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 be corrected by:

   a.  deleting from his DD Form 214 the "RVN, SS Qual Bad, and EX Qual Bad"; and
   
   b.  adding to his DD Form 214 the Good Conduct Medal, Vietnam Service Medal with one silver service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and Pistol Bar (.45 caliber).



      		__________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)                                         AR20080018338



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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