IN THE CASE OF:	 

		BOARD DATE:	       5 MAY 2009

		DOCKET NUMBER:  AR20080019238 


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, in effect, that the following awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge):  the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Vietnam Service Medal with four bronze service stars, two overseas service bars, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award.

2.  The applicant states that these awards were authorized for the periods of service in the Republic of Vietnam and they are not listed on his original DD Form 214.

3.  The applicant provides his DD Form 214; an internet printout for awards; DA Form 20 (Enlisted Qualification Record); and an excerpt from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), dated 29 January 1988, in support of this 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 that he enlisted in the Regular Army on
8 December 1966 for a period of three years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11E (Armor Crewman).

3.  The applicant's record shows that he served in the Republic of Vietnam and was assigned to Headquarters and Headquarters Troop, 3rd Squadron, 5th Cavalry, 9th Infantry Division during the period from 16 May 1967 through 
15 July 1967.  He was then reassigned to A Troop, 3rd Squadron, 5th Cavalry, 9th Infantry Division during the period from 16 July 1967 to 7 May 1968.

4.  Item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960).

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 
shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), two overseas service bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant was honorably released from active duty on 10 December 1969 by reason of expiration of term of service and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He was credited with 3 years of total active service with three days of lost time and the highest rank/grade he attained during his tenure of service was specialist five (SP5)/E-5.

7.  Review of the applicant's record indicates entitlement to additional awards that are not shown on his DD Form 214.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or 


assignment for 1 or more days with an organization participating in or directly 
supporting military operations.  Appendix B of this regulation also shows the campaigns for Vietnam.  During the applicant’s tour he participated in four campaigns:  Vietnam Counteroffensive, Phase II (1 July 1966 – 31 May 1967); Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968): Tet Counteroffensive (30 January 1968 – 1 April 1968); and Vietnam Counteroffensive, Phase IV (2 April 1968 – 30 June 1968).  This same regulation further states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  Department of the Army Pamphlet 672-3 was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows, in pertinent part, that the 3rd Squadron, 5th Cavalry, the unit the applicant was assigned to while serving in the Republic of Vietnam, was cited for award of the Valorous Unit Award for actions on 31 January 1968, based on Department of the Army General Orders (DAGO) 5, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period from 19 December 1966 - 15 February 1968, based on DAGO 43, dated 1970.

10.  Department of the Army Pamphlet 672-3, further shows, in paragraph 6d, that Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm 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.

11.  Army Regulation 670-1 (Uniforms and Insignia) 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 contention that the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Vietnam Service Medal with four bronze service stars, two overseas service bars, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award be added to his DD Form 214 was carefully considered and determined to have partial merit.

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 for wear on his already-awarded Vietnam Service Medal.

3.  General orders awarded the applicant's unit the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure of assignment in the Republic of Vietnam.  Therefore, his records should be corrected to show these unit awards.

4.  General orders also awarded all units in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this unit award.

5.  Evidence of record shows the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, his DD Form 214 should be corrected to show this award.

6.  The applicant is entitled to two overseas service bars for wear which is appropriately recorded on his DA Form 20.  However, the overseas service bar is a uniform item and therefore not governed by Army Regulation 600-8-22.  Therefore, there is no basis for correcting his DD Form 214 to add overseas service bars.








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:

	a.  deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal; and

	b.  adding to item 24 of the applicant's DD Form 214 the Vietnam Service Medal with four bronze service stars, Valorous Unit Award, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the request relief.  As a result, the Board recommends denial of so much of the application that pertains to the addition of two overseas service bars on his DD Form 214.



      __________XXX____________
               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)                                         AR20080019238



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ABCMR Record of Proceedings (cont)                                         AR20080019238



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