IN THE CASE OF:	  

		BOARD DATE:	  20 May 2010

		DOCKET NUMBER:  AR20090019635 


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 correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all authorized unit awards.

2.  The applicant states his unit received unit awards for its service in the Republic of Vietnam and he would like his record corrected to show these awards.

3.  The applicant did not provide any supporting evidence with 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 was inducted into the Army of the United States on 28 October 1966.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 13A (Field Artilleryman).  The highest rank/grade he attained was sergeant (SGT)/E-5.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam from 2 October 1967 to 2 October 1968 and he was assigned to Battery G, 65th Artillery.

4.  Headquarters, Fort Polk, LA, Special Orders Number 317, dated 8 December 1966, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14).

5.  The applicant was honorably released from active duty on 7 October 1968 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  He was issued a DD Form 214 that shows he served on active duty for 1 year, 11 months, and 10 days with foreign service credit of 11 months and 25 days.

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

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* Vietnam Service Medal 
* Army Good Conduct Medal

7.  The applicant's DA Form 20, dated 28 September 1968, shows in item 41 (Awards and Decorations) the following awards:

* National Defense Service Medal
* Vietnam Service Medal,
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* two Overseas Service Bars 

8.  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 that during the applicant's assignment to Battery G, 65th Artillery the unit was cited for two awards of the Valorous Unit Award for the period 15-31 October 1967 by Department of the Army General Orders (DAGO) 39, dated 1970 and for the period 24 January - 
16 February 1968 by DAGO 48, dated 1968; and 

9.  Department of the Army Pamphlet 672-3, paragraph 6d states that DAGO 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:

	a.  Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

	b.  Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, 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 Vietnam, he participated in the following four campaigns:

* Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnamese Counteroffensive Phase IV (2 April - 30 June 1968),
* Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968). 

11.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Valorous Unit Award.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant's unit two awards of the Valorous Unit Award and one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to have his DD Form 214 corrected to show these unit 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 his already-awarded Vietnam Service Medal.

3.  Special orders announced award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M1-4).  Therefore, he is entitled to correction of his DD Form 214 to show this qualification badge.

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 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 four bronze service stars
* Valorous Unit Award with one oak leaf cluster
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar



      _____________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)                                         AR20090019635



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ABCMR Record of Proceedings (cont)                                         AR20090019635



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