IN THE CASE OF:	  

		BOARD DATE: 	        9 June 2009 

		DOCKET NUMBER:  AR20080019528 


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 his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show all the awards he earned in Vietnam and all of his Vietnam service.

2.  The applicant states, in effect, that he had trouble receiving all of his records from the National Personnel Records Center (NPRC) in St. Louis, Missouri.  He only has a DD Form 214 that shows just the last 6 months he served in Vietnam.

3.  The applicant provides copies of his final DD Form 214, dated 31 December 1968, and correspondence to and from the NPRC 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, a career Regular Army Soldier, reenlisted on 27 July 1961.  He reported to Company C, 716th Military Police Battalion, in Vietnam on 10 January 1968.  He had to reenlist in order to reach 20 years of active duty service for retirement.  Therefore, he was discharged on 26 June 1968 and reenlisted the next day.

3.  His DD Form 214, dated 26 June 1968, lists his authorized awards for this period of service as the Army of Occupation Medal with Germany Clasp, National Defense Service Medal with Oak Leaf Cluster, Vietnam Service Medal, and Army Good Conduct Medal (5th Award).  It also shows he served 5 months and 23 days of service in the U. S. Army Vietnam.

4.  He departed Vietnam on 26 December 1968.  On 31 December 1968, he retired and was transferred to the Army Reserve Control Group (Retired).

5.  His DD Form 214 lists his awards for this final period of service as the National Defense Service Medal with Oak Leaf Cluster, Vietnam Service Medal, Army Good Conduct Medal (5th Award), and Republic of Vietnam Campaign Medal with Device (1960).  It also shows he completed 6 months and 1 day of foreign service (in U. S. Army Vietnam).

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded the Army Good Conduct Medal (Fifth Award), the Army of Occupation Medal with Germany Clasp, the National Defense Service Medal with oak leave cluster, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time of both of these discharges, provided that only those awards issued, awarded, or approved during the current period of service were to be listed on the DD Form 214.

8.  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.  Qualifying campaign periods for service stars include:  the Vietnamese Counteroffensive Phase III, 1 June 1967-29 January 1968; Tet Counteroffensive, 30 January 1968-1 April 1968; Vietnamese Counteroffensive Phase IV, 2 April 1968-30 June 1968; Vietnamese Counteroffensive Phase V, 1 July 1968-1 November 1968; and Vietnamese Counteroffensive Phase VI, 2 November 1968-22 February 1969.  One silver service star is worn in lieu of five bronze service stars.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows that the 716th Military Police Battalion was awarded the Presidential Unit Citation for the period 31 January through 10 February 1968 by Department of the Army General Order (DAGO) 17 of 1969 and the Meritorious Unit Commendation for the period 1 January 1968 through 31 October 1968 by DAGO 6 of 1973; and Company C of the 716th Military Police Battalion was awarded the Meritorious Unit Commendation for the period 1 November 1968 through 31 October 1969 by DAGO 51 of 1971.

10.  The pamphlet also shows that the 716th Military Police Battalion was authorized the republic of Vietnam Civil Actions Honor Medal First Class for the period 17 April 1965 through 18 April 1968 by DAGO 31 of 1969 and for the period from 29 September 1966 through 28 March 1973 by DAGO 6 of 1973.

11.  All U.S. Army units serving in Vietnam were authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO 8 of 1974.  Paragraph 6 of Department of the Army Pamphlet 672-3 states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual but all awards should be listed in military records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD Forms 214 be corrected to show all of his authorized awards and all of his Vietnam service.

2.  The applicant's Vietnam service (11 months and 24 days) is shown on his last two DD Forms 214.  His DD Form 214 for the period ending 26 June 1968 will be provided to him.

3.  The governing regulation, Army Regulation 635-5, as then in effect, provided that only those awards issued, awarded, or approved during a current period of service were to be listed on a DD Form 214.  However, as a matter of convenience, it would be appropriate to correct his last DD Form 214 to show all of his awards.

4.  Therefore, the applicant's DD Form 214 for the period ending 31 December 1968 should be corrected to show he is authorized to wear one silver service star on his already-awarded Vietnam Service Medal and to add the Presidential Unit Citation, the Meritorious Unit Commendation (two awards), the Republic of Vietnam Civil Actions Honor Medal First Class (two awards), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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 the DD Form 214 for the period ending 31 December 1968 by adding one silver bronze service star for wear on the Vietnam Service Medal, the Presidential Unit Citation, the Meritorious Unit Commendation (two awards), the Republic of Vietnam Civil Actions Honor Medal First Class (two awards), the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.



      ___________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)                                         AR20080019528



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ABCMR Record of Proceedings (cont)                                         AR20080019528



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