IN THE CASE OF:	  

		BOARD DATE:	    22 June 2010

		DOCKET NUMBER:  AR20090021511 


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 all awards and decorations due him be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he earned the Republic of Vietnam Campaign Medal (RVNCM), but it is not included on his DD Form 214.  He claims this award needs to be added to his DD Form 214 so he can qualify for Department of Veterans Affairs medical benefits.

3.  The applicant provides no documentary evidence 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 record shows he was inducted into the Army of the United States and entered active duty on 6 December 1967.  He was trained in and awarded military occupational specialty (MOS) 31M (Radio Relay Operations).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 22 July 1968 through 12 July 1969.  Item 38 (Record of Assignments) shows during his RVN tour he was assigned to Company B, 37th Signal Battalion, performing duties in MOS 31M.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Army Good Conduct Medal (AGCM), and Expert Marksmanship Qualification Badge with Rifle Bar during his active duty tenure.

5.  On 16 July 1969, the applicant was honorably released from active duty in the rank of sergeant/E-5 after completing 1 year, 7 months, and 11 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued at the time shows he earned the following awards during his active duty tenure:

* NDSM
* Expert Marksmanship Qualification Badge with Rifle Bar
* VSM
* AGCM
* two overseas service bars

6.  Army Regulation 600-8-22 (Military Awards) provides the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

7.  Table B-1 of Army Regulation 600-8-22 contains a list of campaigns.  It shows that during the applicant's tenure of assignment in the RVN, participation credit was granted for the following campaigns:

* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet Counteroffensive 1969 (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)

8.  Paragraph 9-13 of the awards regulation contains guidance on the RVNCM and states it is authorized for 6 months of service in the RVN completed between 1 March 1961 and 28 January 1963.  It also states a Device (1960) is authorized and worn with this award.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows that during the applicant's tenure of assignment in the RVN, his unit (Company B, 37th Signal Battalion) was awarded the Meritorious Unit Commendation (MUC) for the period 25 March 1968 through 25 September 1968 in Department of the Army General Order (DAGO) Number 42, issued in 1969.

10.  DAGO Number 8 issued in 1974 authorized the award of the RVN Gallantry Cross with Palm Unit Citation to all units assigned to the RVN from 8 February 1962 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected by adding all awards and specifically the RVNCM with Device (1960) has been carefully considered and found to have merit.

2.  By regulation, the RVNCM with Device (1960) is authorized to any member who completed 6 months of service in the RVN between 1 March 1961 and 28 January 1963.  The evidence of record confirms the applicant served in the RVN for more than 11 months from 22 July 1968 through 12 July 1969.  As a result, it would be appropriate to add this award to his record and DD Form 214.

3.  The evidence further shows based on his RVN service and campaign participation, he is eligible for the MUC, RVN Gallantry Cross with Palm Unit Citation, and four bronze service stars with his already-awarded VSM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 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 amending item 24 of his DD Form 214 by deleting the current VSM entry and replacing it with the entry VSM with four bronze service stars and by adding the RVNCM with Device (1960), RVN Gallantry Cross with Palm Unit Citation, and MUC.



      __________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)                                         AR20090021511



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ABCMR Record of Proceedings (cont)                                         AR20090021511



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