IN THE CASE OF:	  

		BOARD DATE:	  3 June 2010

		DOCKET NUMBER:  AR20090020028 


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 of his DD Form 214 (Report of Transfer or Discharge) to show the Army Commendation Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Valorous Unit Award, and two awards of the Overseas Service Bar.

2.  The applicant states:

* he served in Vietnam from 31 January 1969 to 1 February 1970
* he was assigned to Battery A, 6th Battalion, 56th Artillery, Hawk Missile
* he was reassigned to Battery G, 55th Artillery as part of the 23rd Infantry Division, 196th Light Infantry Brigade
* Headquarters and Headquarters Company (HHC), 196th Infantry Brigade was cited for the Valorous Unit Award for the period 11-31 August 1969

3.  The applicant provides orders for the Army Commendation Medal.

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 requested that the Army Commendation Medal be added to his DD Form 214.  A DD Form 215 (Correction to DD Form 214), dated 8 April 2008, amended the applicant's DD Form 214 for the period ending 4 September 1970 by adding the Army Commendation Medal.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings.  A copy of the DD Form 215 will be provided to the applicant.

3.  The applicant was inducted into the Army of the United States on 
5 September 1968.  He arrived in Vietnam on 31 January 1969.  His DA Form 
20 (Enlisted Qualification Record) shows he served as a light air defense artillery crewman assigned to Battery A, 6th Battalion, 56th Artillery in Vietnam from 
16 February 1969 through 9 March 1969.  He was assigned to Battery G, 55th Artillery in Vietnam from 10 March 1969 through 1 February 1970.  On 
4 September 1970, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows the National Defense Service Medal, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit (Battery G, 55th Artillery) at the time of his assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972.

6.  Department of the Army Pamphlet 672-3 does not show award of the Valorous Unit Award to either 6th Battalion, 56th Artillery or Battery G, 55th Artillery while the applicant was assigned to them.

7.  Army Regulation 600-8-22 (Military Awards) states the Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.

8.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit (Battery G, 55th Artillery) was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit citation.

2.  The applicant's contentions he was reassigned to Battery G, 55th Artillery as part of the 23rd Infantry Division, 196th Light Infantry Brigade in Vietnam and that HHC, 196th Infantry Brigade was cited for the Valorous Unit Award for the period 11-31 August 1969 were noted.  However, there is no evidence of record which shows he was assigned to HHC, 196th Infantry Brigade during his assignment in Vietnam.  Since Department of the Army Pamphlet 672-3 does not show the applicant's units were cited for the Valorous Unit Award while he was assigned to them, there is insufficient evidence in which to amend his DD Form 214 to show this unit award.

3.  Based on Army Regulation 670-1, overseas service bars are items to be worn on the Soldier’s uniform and are not awards or decorations.  Therefore, there is no basis for granting this portion of the applicant’s request 


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 adding to item 24 of his DD Form 214 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 award of the Valorous Unit Award or two awards of the Overseas Service 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)                                         AR20090020028



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ABCMR Record of Proceedings (cont)                                         AR20090020028



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