IN THE CASE OF:	  

		BOARD DATE:	  15 December 2009

		DOCKET NUMBER:  AR20090011712 


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 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal with one oak leaf cluster, the National Defense Service Medal with one bronze service star, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation with one oak leaf cluster.

2.  The applicant states that these awards were either omitted from his DD Form 214 or listed incorrectly.

3.  The applicant provides a copy of his DD Form 214 ending 31 December 1990; permanent orders awarding him the Meritorious Service Medal with one oak leaf cluster with two award certificates; and Department of the Army General Orders (DAGO) 51, dated 10 November 1971, 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.  At the time of his application, the applicant was a retired master sergeant, pay grade E-8.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as corrected by a DD Form 215 (Correction to DD Form 214), lists his awards as the National Defense Service Medal with one bronze service star, Meritorious Service Medal with one oak leaf cluster, Vietnam Service Medal, Meritorious Unit [Commendation] with four oak leaf clusters, Army Service Ribbon, [Republic of] Vietnam Gallantry Cross with Palm Unit Citation (two awards), Bronze Star Medal, Overseas Service Ribbon with Numeral 3, Noncommissioned Officer Professional Development Ribbon, Vietnam Campaign Medal with Device (1960), [Republic of] Vietnam Civil Actions [Honor] Medal [First Class Unit Citation], Army Commendation Medal with three oak leaf clusters, Army Achievement Medal, and the Army Good Conduct Medal (eight awards).

4.  A DD Form 215 has been issued to show the applicant's Meritorious Service Medal with one oak leaf cluster, National Defense Service Medal with one bronze service star, and his Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards).  Therefore, this portion of his request will not be further discussed in this Record of Board Proceedings.

5.  On 24 December 1966, the applicant was assigned for duty with the 25th Administration Company located in the Republic of Vietnam.  He served with this unit until 28 January 1968.

6.  On 29 January 1968, the applicant was reassigned to the 537th Personnel Service Company located in the Republic of Vietnam.   He returned to the United States for duty on or about 10 July 1968.

7.  On 15 November 1970, the applicant was assigned for duty with Headquarters and Headquarters Company, United States Support Command, located in Saigon, Republic of Vietnam.  He returned to the United States on or about 6 November 1971.

8.  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 seven campaign periods:  the Vietnam Counteroffensive Phase II, the Vietnam Counteroffensive Phase III, the Tet Counteroffensive, the Vietnam Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V, the Vietnam Counteroffensive Phase VII, and the Consolidation I.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

9.  DAGO Number 51, dated 10 November 1971, shows that the 25th Administration Company was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation with one oak leaf cluster for the period from 13 March 1966 to 21 January 1970.

10.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's 
DA Form 2-1 (Personnel Qualification Record – Part II) shows that he had qualified as an expert marksman with the M-16 rifle and as a sharpshooter with the M-14 rifle and pistol.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation with one oak leaf cluster.

2.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Civil Actions Honor Medal with one oak leaf cluster.  Therefore, this foreign award should be shown on his DD Form 214.

3.  Records show that the applicant participated in seven campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of a silver service star and two bronze service stars to be affixed to his Vietnam Service Medal.

4.  Records show the applicant qualified as an expert with his M-16 rifle.  Therefore his records should be corrected to show award of the Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.

5.  Records show the applicant qualified as a sharpshooter with the M-14 rifle and the pistol.  Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Pistol Bars.



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 13 of his DD Form 214 the Vietnam Service Medal and Republic of Vietnam Civil Actions Honor Medal and

	b.  adding to item 13 of his DD Form 214 the Vietnam Service Medal with one silver service star and two bronze service stars, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation with one oak leaf cluster, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Pistol Bars.



      ____________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)                                         AR20090011712



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090011712



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1