IN THE CASE OF:	  

		BOARD DATE:	  10 June 2010

		DOCKET NUMBER:  AR20090021197 


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 awards for his service in the Republic of Vietnam (RVN). 

2.  The applicant states, in effect, that he was discharged from the Army in Oakland, CA and he was processed out in a hurry.  He contends that all of his documentation was not included in the preparation of his DD Form 214.  He is requesting the update of his records to become eligible for Veterans Administration (VA) benefits. 

3.  The applicant provides a copy of his DD Form 214 and a copy of his DA Form 20 (Enlisted Qualification Record). 

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 4 November 1966.  He was trained in and awarded military occupational specialty (MOS) 64A (Light Vehicle Driver).

3.  A DA Form 20 shows in item 31 (Foreign Service) the applicant served in the RVN for the period 1 October 1967 through 30 September 1968.  Item 
38 (Record of Assignments) shows on 4 October 1967 he was assigned to the 592nd Transportation Company and performed duties as a 64B (Heavy Vehicle Driver).

4.  The applicant's DD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) he was awarded the National Defense Service Medal.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, the RVN Campaign Medal with Device (1960), Overseas Service Bar, and the  Sharpshooter Marksmanship Qualification Badge with Rifle Bar.   

6.  Review of the applicant's records indicates entitlement to an additional award that is not shown on his DD Form 214.

7.  DAGO 8, dated 1974, announced award of the RVN Gallantry Cross Unit Citation with Palm for service in the RVN to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign periods for the Vietnam era.  Two designated campaigns coincide with the applicant's period of service in the RVN:

* Vietnam Counteroffensive Phase III
* TET Counteroffensive

9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is awarded for each campaign listed in appendix B.  Authorized bronze service stars will be worn on the appropriate service medal.

10.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that 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 is 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 are counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show awards and decorations for serving in Vietnam is supported by the evidence.

2.  The applicant was awarded the Vietnam Service Medal.  His records show he participated in two campaigns while serving in the RVN.  He is entitled to award of two bronze service stars for wear on the Vietnam Service Medal.

3.  The applicant's records show he was awarded the RVN Campaign Medal with Device (1960), Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, all of which were not recorded on his DD Form 214.  He is therefore entitled to correction of his records to reflect these awards.   
4.  General orders awarded the applicant's unit the RVN Gallantry Cross with Palm Unit Citation which is not shown on his records.  He is entitled to correction of his records to show this unit award.

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.  awarding him the RVN Gallantry Cross with Palm Unit Citation; and

   b.  adding the following to his DD Form 214:

* RVN Gallantry Cross with Palm Unit Citation
* Two bronze service stars to be affixed to the Vietnam Service Medal
* RVN Campaign Medal with Device (1960)
* 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)                                         AR20090021197





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ABCMR Record of Proceedings (cont)                                         AR20090021197



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