BOARD DATE:	  11 May 2010

		DOCKET NUMBER:  AR20090019065 


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 the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):  Good Conduct Medal (GCM); Meritorious Unit Commendation (MUC); National Defense Service Medal (NDSM); Vietnam Service Medal (VSM) with two bronze service stars; Vietnam Campaign Medal with Device (1960), and Marksman Marksmanship Qualification Badge (Rifle). 

2.  The applicant states that these awards were not listed on his DD Form 214.  

3.  The applicant provides a copy of his 16 January 1967 DD Form 214, Honorable Discharge Certificate, and an award shipping document.

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 records show he enlisted in the Regular Army on 4 March 1959.  He was honorably discharged on 16 March 1961 for immediate reenlistment.  He reenlisted on 17 March 1961.  The applicant served in Vietnam from 23 February 1966 to 6 January 1967 and was honorably discharged on      16 January 1967.  

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's 16 March 1961 DD Form 214 shows the award of the Marksmanship Badge (Rifle).  Item 24 of his 16 January 1967 DD Form 214 shows the GCM, Vietnam Campaign Medal, VSM, and the NDSM.  However, the MUC, service stars on his VSM, or the Device (1960) on his Vietnam Campaign Medal are not listed.  

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that on    24 February 1966 he was assigned to C Battery, 2nd Battalion, 13th Artillery and on 2 May 1966 he was reassigned to Headquarters and Headquarters Detachment, 11th Transportation Battalion.  On 23 July 1966, the applicant was assigned to the 117th Transportation Company.

5.  The applicant provided a copy of a shipping document that indicated the GCM, MUC, NDSM; VSM and bronze star attachment (double), Republic of  Vietnam Campaign Medal with Device (1960), and Marksman Marksmanship Qualification Badge and Rifle Bar were shipped. 

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units which served in the Vietnam War.  This document shows that the 2nd Battalion, 13th Artillery, to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 17, dated 1968.  

7.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the applicant participated in two campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal correctly known as the Republic of Vietnam Campaign Medal with Device (1960).  This medal 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.  
9.  Department of the Army Pamphlet 672-3 provides for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units that served in Vietnam between 20 July 1965 and 28 March 1973 which were subordinate to Headquarters, United States Army Vietnam by Department of the Army General Order Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant is entitled to the award of the Meritorious Unit Commendation.  He is also entitled to have his records corrected to show the Republic of Vietnam Campaign Medal with Device (1960) vice the "Vietnam Campaign Medal." 

2.  Evidence of record also shows that the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His record shows that he participated in two campaigns during his service in Vietnam.  Therefore, the applicant is entitled to correction of his records to show the award the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two bronze service stars to be worn on his Vietnam Service Medal.

3.  The NDSM, GCM, and Marksman Marksmanship Qualification Badge with Rifle bar are already shown on one or the other of his DD Form s 214.

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.  correcting his 16 January 1967 DD Form 214 to read Republic of Vietnam Campaign Medal with Device (1960) vice Vietnam Campaign Medal; and
   
   b.  adding the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




      _______ _   _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)                                         AR20090019065





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ABCMR Record of Proceedings (cont)                                         AR20090019065



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