BOARD DATE:	  22 December 2009

		DOCKET NUMBER:  AR20090012124 


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, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the National Defense Service Medal, United Nations Service Medal with six bronze service stars, Presidential Unit Citation, Meritorious Unit Commendation, Valorous Unit Award, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Combat Action Badge.

2.  The applicant states, in effect, that these awards were presented to his unit, the 1st Battalion, 40th Artillery, during his period of service in the Republic of Vietnam.  Veterans that he was stationed with said he should have received these awards.

3.  In support of his application, the applicant provides a copy of his DD Form 214.

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 requested that the National Defense Service Medal be added to his DD Form 214.  His DD Form 214 currently shows he was awarded the National Defense Service Medal.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.

3.  The applicant's military records show he was inducted into the Army of the United States on 30 November 1965 in pay grade E-1.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 13B (field artillery crewman).  He served in the Republic of Vietnam from 24 September 1966 to 1 September 1967, with A Battery, 1st Battalion, 40th Artillery.

4.  The applicant was honorably released from active duty as an overseas returnee on 2 September 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He was credited with 1 year, 9 months, and 3 days of net active service this period.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:  the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Good Conduct Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Overseas Service Bar.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 41 (Awards and Decorations), lists the awards already shown on his DD Form 214.

7.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation
600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized 
with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in the Republic of Vietnam he participated in the 

following two campaigns:  Vietnam Counteroffensive, Phase II (1 July 1966 – 
31 May 1967) and the Vietnam Counteroffensive, Phase III (1 July 1967 – 
29 January 1968).

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant’s unit, the 1st Battalion, 40th Artillery, was awarded the Presidential Unit Citation for the period 27 October 1966 to 15 September 1967, by Department of the Army General Orders (DAGO) Number 32, dated 1973.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the U.S. Army, Vietnam.

9.  Army Regulation 600-8-22 provides for award of the United Nations Service Medal.  In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954.  The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations.  Service stars are not authorized for wear on the United Nations Service Medal.

10.  On 2 May 2005, the Chief of Staff of the Army approved the creation of the Combat Action Badge to provide special recognition to Soldiers who personally engaged, or are engaged by, the enemy.  Army Regulation 600-8-22 also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

DISCUSSION AND CONCLUSIONS:

1.  General orders entitled the applicant’s unit to award of the Presidential Unit Citation during his tenure of assignment in the Republic of Vietnam.  This unit award is not shown on his DD Form 214.  He is therefore entitled to have his DD Form 214 corrected to show this unit award.

2.  General orders also entitled the applicant's unit to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, it would be appropriate to correct his records to show this unit award on his DD Form 214.  The evidence of record further shows he participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

3.  The evidence further shows the applicant did not complete a period of qualifying service for award of the United Nations Service Medal with six bronze service stars and the Combat Action Badge.  Therefore, he is not entitled to correction to his DD Form 214 to show these awards.

4.  The evidence of record also does not show the applicant’s unit was awarded the Meritorious Unit Commendation, Valorous Unit Award, or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service in the Republic of Vietnam.  Therefore, he is not entitled to correction to his DD Form 214 to show these unit awards.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

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 his DD Form 214 the Vietnam Service Medal; and

   b.  adding to item 24 of his DD Form 214 the Vietnam Service Medal with two bronze service stars, Presidential Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and 

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 adding to his DD Form 214 the United Nations Service Medal with six bronze service stars, Combat Action 


Badge, Meritorious Unit Commendation, Valorous Unit Award, and the Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20090012124



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090012124



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1