BOARD DATE:	  9 September 2009

		DOCKET NUMBER:  AR20090005355 


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 of his awards.

2.  The applicant states that, when he was discharged, awards were left off his DD Form 214. 

3.  The applicant provides no documentation 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.  On 3 January 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 12C (Bridge Specialist).
3.  Special Orders Number 55, United States Army Training Center, Armor, Fort Knox, Kentucky, dated 24 February 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  On 4 March 1968, the applicant was assigned for duty at Fort Jackson, South Carolina.  In October 1968, he departed Fort Jackson for assignment in the Republic of Vietnam.

5.  On 27 November 1968, the applicant was assigned to the 100th Engineer Company for duty as a bridge helper. 

6.  On 22 November 1969, the applicant returned to the United States.

7.  On 24 November 1969, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 
10 months and 22 days of creditable active duty.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal and the Good Conduct Medal.

9.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive;  the Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970.  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.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 100th Engineer Company, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 48, dated in 1971, for award of the Meritorious Unit Commendation, and in DAGO Number 43, dated in 1970, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

11.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal with (1960-) Device.  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.
 
13.  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 award order pertaining to the applicant.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that all of his awards are not entered on his DD Form 214.

2.  The applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.

3.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

4.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

5.  The applicant was awarded the Republic of Vietnam Campaign Medal; however, the "1960 Device" was omitted from his DD Form 214.  This award should be entered correctly.

6.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  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 concerned be corrected by:

	a.  deleting from Item 24 of his DD Form 214:  Vietnam Campaign Medal and Vietnam Service Medal; and

   b.   adding in Item 24 of his DD Form 214:  Meritorious Unit Commendation, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with 1960 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Expert 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)                                         AR20090005355





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ABCMR Record of Proceedings (cont)                                         AR20090005355



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