BOARD DATE:	  11 May 2010

		DOCKET NUMBER:  AR20090018587 


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 award of any additional awards or unit citations for his service in the Republic of Vietnam and their addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states those awards just didn’t get entered on his DD Form 214. 

3.  The applicant provides no additional 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.  The applicant's military records show he was inducted into the Army of the United States in pay grade E-1 on 9 December 1965, for 2 years.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He served in the Republic of Vietnam from 22 September 1966 to 19 September 1967 during two campaigns.  He was assigned to Company A, 2nd Battalion, 22nd Infantry, 4th Infantry Division (22 September 1966 to 4 July 1967) and Company B, 4th Battalion, 23rd Infantry, 25th Infantry Division (5 July to 19 September 1967).  

3.  He was honorably released from active duty in pay grade E-4 on 20 September 1967, as an overseas returnee.  He was transferred to the United States Army Reserve Control Group (Reinforcement).

4.  Entries on his DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) list the following awards:  the National Defense Service Medal, the Army Commendation Badge, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  Army Regulation 600-8-22 (Military Awards) authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.  

6.  Paragraph 6 of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states that not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby precluding wear of the Vietnamese Fourragere that represents multiple awards of the Vietnam Gallantry Cross.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, the regulation also states that in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

7.  Department of the Army Pamphlet 672-3 shows his unit, the 2nd Battalion, 22nd Infantry, was awarded the Presidential Unit Citation for service on 21 March 1967, based on Department of the Army General Orders Number 43, dated 
1970; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from October 1966 to 1 August 1967, based on Department of the Army General Orders Number 48, dated 1971.  

8.  Department of the Army Pamphlet 672-3 also shows his unit, the 4th Battalion, 23rd Infantry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from April 1966 to August 1968, based on Department of the Army General Orders Number 48, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 30 April 1966 to 21 January 1970, based on Department of the Army General Orders Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant is entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  These service stars are not shown on the applicant's DD Form 214 and it would be appropriate to add these service stars to his DD Form 214.

2.  General orders entitled the applicant to wear one Presidential Unit Citation, two Republic of Vietnam Gallantry Cross with Palm Unit Citations, and one Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based upon his assignments with the 2nd Battalion, 22nd Infantry, and the 4th Battalion, 23rd Infantry. 

3.  In accordance with regulatory guidance, not more than one Vietnam Gallantry Cross Unit Citation will be worn by any individual, thereby.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  Therefore, the applicant is entitled to have his records corrected to show award of two Republic of Vietnam Gallantry Cross with Palm Unit Citations.

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

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 adding two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, the Presidential Unit Citation, two Republic of Vietnam Gallantry Cross with Palm Unit Citations, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214 and providing him a corrected DD Form 214.




      _______ _   __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)                                         AR20090018587





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ABCMR Record of Proceedings (cont)                                         AR20090018587



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