IN THE CASE OF:	  

		BOARD DATE:	  25 August 2009

		DOCKET NUMBER:  AR20090005302 


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 all awards and decorations he earned throughout his military career, including his U.S. Army Reserve (USAR) awards.

2.  After discussing the case with the case analyst of record, the applicant submitted a revised request for all awards and decorations he earned during his active duty service, specifically the Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Presidential Unit Citation.

3.  The applicant states that his DD Form 214 does not reflect all his individual and/or unit awards.

4.  The applicant provides a photograph of himself in various units; a copy of a letter, dated 23 December 2008, to the National Personnel Records Center (NPRC); a copy of his DD Form 214, dated 26 July 1969; a self-authored synopsis of NPRC correspondence; a self-authored chronology of his military service; and a self-authored listing of his awards and decorations, 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.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active service on 2 August 1967.  This form also shows that at the time of his release from active duty, he held military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewmember) and he was assigned to Company E, 1st Battalion, 503rd Infantry, 173rd Infantry Brigade.  

4.  The applicant's DD Form 214 also shows he served in the U.S. Army, Pacific (USARPAC) for a period of 6 months and 21 days.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 26 July 1969 and he was transferred to the USAR Control Group (Annual Training) for completion of his Reserve obligation.

5.  Item 24 (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, Vietnam Service Medal, Parachutist Badge, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), two overseas service bars, 2nd Class Gunner Marksmanship Qualification Badge with Machinegun Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  

6.  The applicant's DA Form 20 (Enlisted Qualification Record) for his period of enlisted service is not available for review with this case.


7.  In a telephonic conversation between the case analyst of record and the applicant on 12 August 2009, the applicant indicated that he served in Vietnam from on or about 2 January 1969 to on or about 26 July 1969.  However, he indicated that he does not have a copy of the permanent change of station orders reassigning him to and/or from Vietnam.

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, failed to reveal any orders pertaining to the applicant.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's assignment to the 1st Battalion, 503rd Infantry it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 5 May 1965 to 26 September 1970 based on Department of the Army General Orders Number 48, dated 1968; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 15 April 1969 to 16 March 1971 based on the Department of the Army General Orders Number 5, dated 1973.

10.  Department of the Army Pamphlet 672-3 also shows that the 1st Battalion, 503rd Infantry was awarded the Presidential Unit Citation for service on 8 November 1965 based on Department of the Army General Orders Number 40, dated 1966; a second award of the Presidential Unit Citation for service from 6 November 1967 to 23 November 1967, based on Department of the Army General Orders Number 5, dated 1979 (amended Department of the Army General Orders Number 42, dated 1969); and the Meritorious Unit Commendation for service from 5 May 1965 to 4 May 1967 based on Department of the Army General Orders Number 48, dated 1968.  However, the applicant was not assigned to this unit during these periods of service.

11.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.  Furthermore, Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the following three campaigns during his service in the Republic of Vietnam:  the Vietnam Counteroffensive, Phase VI
(2 November 1968 - 22 February 1969); TET 69, Counteroffensive, 1969 
(23 February 1969 - 8 June 1969); and Vietnam Summer-Fall 1969 (9 June 1969 - 31 October 1969).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all his individual and unit awards.

2.  General Orders show the applicant’s unit during his tenure of assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  With respect to the Presidential Unit Citation, the evidence of record shows that the 1st Battalion, 503rd Infantry was awarded the Presidential Unit Citation and the Meritorious Unit Commendation; however, the applicant was not assigned to this unit at the time these awards were awarded.  Additionally, there is no evidence that he was assigned to any other unit that was awarded the Presidential Unit Citation.  Therefore, there is insufficient evidence to grant this portion of the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal; and
   b.  adding to item 24 of the applicant's DD Form 214 the Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Presidential Unit Citation.



      __________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)                                         AR20090005302



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ABCMR Record of Proceedings (cont)                                         AR20090005302



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