IN THE CASE OF:	  

		BOARD DATE:	        24 March 2009

		DOCKET NUMBER:  AR20080018816 


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 and the Vietnam Campaign Medal.  

2.  The applicant states his service in the Republic of Vietnam is shown on his DD Form 214 but his medals are not.

3.  The applicant provides a copy of his DD Form 214, dated 7 November 1970, in support of his request.

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 records are not available to the Board for review. However, the applicant submitted a copy of his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army for a period of 3 years on 15 November 1967.  This form also shows that at the time of his release from active duty, he held military occupational specialty (MOS) 68G (Air Frame Repairman) and was assigned to the 349th Aviation Company, 16th Aviation Battalion, VII Corps, Germany.  

4.  The applicant’s DD Form 214 also shows he was honorably released from active duty on 7 November 1970 in the rank/grade of sergeant (SGT)/E-5 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

5.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the Vietnam Service Medal and the Vietnam Campaign Medal.

6.  Item 22c (Foreign and/or Sea Service) of the applicant’s DD Form 214 shows he completed 2 years, 4 months, and 11 days.  Item 22c also shows the entry “See Item 30.” 

7.  Item 30 (Remarks) of the applicant’s DD Form 214 shows he served in the Republic of Vietnam from 16 May 1968 to 15 May 1969.

8.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command,, revealed orders awarding the applicant the Army Commendation Medal by Headquarters, 25th Infantry Division, General Orders Number 6220, dated 29 April 1969.  He was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force while assigned to Company E, 725th Maintenance Battalion, in the Republic of Vietnam from May 1968 to May 1969.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly 

supporting military operations.  Appendix B also shows that the applicant participated in the Vietnam Counteroffensive, Phases IV (2 April 1968 – 30 June 1968); Vietnam Counteroffensive, Phase V (1 July 1968 – 1 November 1968); Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969); and the TET 69 Counteroffensive, 1969 (23 February 1969 – 8 June 1969 campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal correctly known as 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 six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

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

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 725th Maintenance Battalion was awarded the Meritorious Unit Commendation from 15 February 1969 to 15 August 1969 based on Department of the Army General Orders Number 39, dated 1970; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 1 September 1968 to 30 September 1970 based on Department of the Army General Orders Number 5, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Vietnam Service Medal and the Vietnam Campaign Medal. 

2.  Although the applicant’s records are not available for review with this case, his DD Form 214 lists his service in the Republic of Vietnam from 16 May 1968 to
15 May 1969.  Therefore, he served a qualifying period of service for award of 

the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) and is entitled to correction of his records to show these awards. Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is also entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal

3.  General Orders awarded the applicant’s unit the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation which are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these awards.

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 adding to item 24 of his DD Form 214 the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.


															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)                                         AR20080018816



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ABCMR Record of Proceedings (cont)                                         AR20080018816



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