IN THE CASE OF:	

		BOARD DATE:	  16 March 2010

		DOCKET NUMBER:  AR20090017166 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his Vietnam service, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device 1960. 

2.  The applicant states his service in Vietnam is not listed on his DD Form 214.

3.  The applicant provides a DA Form 20 (Enlisted Qualification Record) in support of this 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.  The applicant enlisted in the Regular Army on 30 September 1965 and upon completion of initial entry training was awarded military occupational specialty 94B (Cook).

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows he served in Vietnam from 19 February to 10 July 1968 (4 months and 22 days).  Item 38 of his DA Form 20 shows he was assigned to Headquarters and Headquarters Company (HHC), 3rd Brigade, 82nd Airborne Division while in Vietnam.

4.  The applicant was honorably released from active duty on 12 October 1968.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows the entry "USARPAC (U.S. Army Pacific) 0 years, 4 months, 22 days."  His DD Form 214 also shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal and the Parachutist Badge as authorized awards.

5.  Army Regulation 635-5 (Separation Documents), dated 23 January 1967, specified that item 22c would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which the service was performed, e.g., (USAREUR (United States Army Europe).

6.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service 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 1 or more days with an organization participating in or directly supporting military operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

7.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device 1960 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.  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.

8.  During the review of the applicant's Official Military Personnel File, it was noted that he is entitled to additional awards that are not shown on his 
DD Form 214.
9.  Headquarters, 1st Training Brigade, Fort Jackson, SC, Special Orders Number 217, dated 23 November 1965, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle).

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in Vietnam.  This pamphlet shows that at the time the applicant was assigned to HHC, 3rd Brigade, 82nd Airborne Division, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 12 March to 4 October 1968 by Department of the Army General Orders Number 48, dated 1971.

11.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam. During the applicant's tour in Vietnam, he participated in three campaigns:  Tet Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V.  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's request has been carefully reviewed and found to have partial merit.

2.  The applicant served a period of qualifying service for award of the Vietnam Service Medal.  Additionally, he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to award of three bronze service stars to be worn on the Vietnam Service Medal and to have his DD Form 214 corrected to show these awards.  

3.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, this badge should be added to his DD Form 214.


4.  General orders show the unit the applicant was assigned to while in Vietnam was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, these unit awards should also be added to his DD Form 214.

5.  In accordance with the applicable regulation, the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed will be entered on the DD Form 214.  The last theater in which he served was Vietnam and it is correctly shown in Item 22c of his DD Form 214 as "USARPAC" 4 months and 
22 days.

6.  The pertinent regulation states that in order to qualify for the Republic of Vietnam Campaign Medal with Device 1960, Soldiers must have served 6 months or more in Vietnam.  As a result, the applicant is not entitled to have his DD Form 214 corrected to show this medal.  He did not complete 6 months of service in Vietnam.

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 amending his DD Form 214 by adding the Vietnam Service Medal with three bronze service stars, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm 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 correcting his DD Form 214 to show his service in Vietnam and to show the Republic of Vietnam Campaign Medal with Device 1960 as an authorized award.  



      _______ _   _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)                                         AR20090017166



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ABCMR Record of Proceedings (cont)                                         AR20090017166



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