IN THE CASE OF:	  

		BOARD DATE:	  26 January 2010

		DOCKET NUMBER:  AR20090012749 


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 Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the Army Good Conduct Medal, the Vietnam Campaign Ribbon with 1960 Device, and four bronze service stars to be worn on his already awarded Vietnam Service Medal.

2.  The applicant states that the aforementioned awards are not on his separation document.  

3.  The applicant provides in support of his application a copy of his DD Form 214 and a letter from the National Personnel Records Center, dated 9 April 2009, that shows the applicant received shipment of the aforementioned awards. 

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 was inducted into the Army of the United States on 10 May 1967.  He successfully completed basic and advanced individual training.  He was awarded military occupational specialty 05C (Radio Operator).  The highest rank he attained was specialist four (temporary)/pay grade E-4.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 8 April 1968 to 7 April 1969 and that he was assigned to Headquarters and Headquarters Troop, 3rd Squadron, 17th Calvary.

4.  The applicant was honorably released from active duty on 8 April 1969 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve service obligation.  He was issued a DD Form 214 that shows he served on active duty 1 year, 10 months, and 28 days with foreign service credit of 1 year.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  the Vietnam Service Medal and the National Defense Service Medal. 

6.  The applicant's DA Form 20, dated 15 April 1969, shows in item 41 (Awards and Decorations) the following awards:  the National Defense Service Medal, the Vietnam Service Medal, the Good Conduct Medal, two overseas service bars, and the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar. 

7.  The applicant's official military personnel record contains the following orders:

	a.  Special Orders Number 180 issued by Headquarters, U.S. Army Training Center (Armor), and Fort Knox, KY, dated 29 June 1967, announcing award of the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar. 

	b.  Special Orders Number 261 issued by Headquarters, U.S. Army Southeastern Signal School, and Fort Gordon, GA, dated 30 November 1967, announcing award of the Expert Marksmanship Qualification Badge with M-16 Rifle Bar.

	c.  General Orders Number 6 issued by Headquarters, 3rd Squadron, 17th Cavalry, dated 3 March 1969, announcing award of the Army Good Conduct Medal.



8.  The applicant's records show that he is entitled to additional awards that he did not request and are not listed on his DD Form 214.

9.  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 document shows Department of the Army General Order Number 6, dated 1974 awarded 3rd Squadron, 17th Cavalry the Republic of Vietnam Gallantry Cross with Palm Unit Citation while the applicant was assigned there.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the Republic of Vietnam Campaign Medal with Device 1960.  The Government of Vietnam awarded this medal 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.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

11.  Army Regulation 600-8-22 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 one or more days to a unit participating in or directly supporting military operations.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant’s tour in Vietnam, he participated in four campaigns: the Vietnamese Counteroffensive Phase IV (2 April to 30 June 1968), the Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968), the Counteroffensive, Phase VI (2 November 1968 to 22 February 1969), and the Tet 69 Counteroffensive (23 February 1969 to 8 June 1969).  This same regulation states that a bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign.  

DISCUSSION AND CONCLUSIONS:

1.  Orders awarded the applicant the Army Good Conduct Medal, the Expert Marksmanship Qualification Badge with M-16 Rifle Bar, and the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar.  Therefore, he is entitled to have his records corrected to show these three awards. 

2.  Records show the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to the previously awarded Vietnam Service Medal.

3.  General orders award the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 3rd Squadron, 17th Calvary during a period of time the applicant was assigned there.  Therefore, the applicant is entitled to have his record corrected to show this unit award.

4.  The applicant had a qualifying period of service in the Republic of Vietnam from 8 April 1968 to 7 April 1969.  Therefore, he is entitled to have his record corrected to show the Vietnam Campaign Medal with Device 1960.  

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 his DD Form 214 the Vietnam Service Medal; and 









	b.  adding to his DD Form 214 the Army Good Conduct Medal, the Expert Marksmanship Qualification Badge with M-16 Rifle Bar, the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar, the Republic of Vietnam 
Campaign Medal with Device 1960, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Service Medal with four bronze service stars. 



      _______ _   _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)                                         AR20090012749



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ABCMR Record of Proceedings (cont)                                         AR20090012749



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