IN THE CASE OF:	  

		BOARD DATE:	  5 August 2010

		DOCKET NUMBER:  AR20100008387 


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 two applications, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Presidential Unit Citation, and one Overseas Service Bar.

2.  The applicant states that he was released through the military stockade and he was not issued the awards in question.  He also states he was assigned to the 26th Engineers, Combat, Americal Division in 1971 and to the Combat Engineers (Provisional), 196th Infantry Brigade from 1971 to 1972 while in the Republic of Vietnam.

3.  The applicant provides the following documents:

* National Personnel Records Center (NPRC) letters, dated 20 November 2009 and 14 January 2010
* DA Form 20 (Enlisted Qualification Record) (pages 1 and 4 only)
* DD Form 214
* two DD Forms 215 (Correction to DD Form 214), dated 22 June 1984 and 7 March 2007
* letter to the applicant, dated 14 December 2009
* two self-authored statements

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 12 January 1971.  He was trained in and awarded military occupational specialty 12B (Combat Engineer).

3.  The applicant's temporary DA Form 20 was reconstructed on 11 September 1972, at Fort Carson, CO.  It shows he served in the Republic of Vietnam from 14 August 1971 to 12 May 1972.  Item 38 (Record of Assignments) does not show the unit(s) to which he was assigned during his Vietnam tour.

4.  Item 41 (Awards and Decorations) of the temporary DA Form 20 shows that the applicant earned the following awards:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* one Overseas Service Bar

5.  On 30 May 1973, the applicant was discharged after completing a total of 2 years, 1 month, and 26 days of active military service.  The DD Form 214 he was issued at the time shows in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) that he earned the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains guidance 

on award of the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the Republic of Vietnam.  Table B-1 contains a list of campaigns and shows that during the applicant's tenure of assignment in Vietnam, participation credit was granted for the following campaigns:

* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Ceasefire Campaign (30 March 1972 - 28 January 1973)

7.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for unit citation badges awarded during the Vietnam Conflict.  It confirms that neither the 26th Engineer Battalion nor the 196th Infantry Brigade was ever awarded the Presidential Unit Citation.

8.  Department of the Army General Order Number 8, dated 1974, authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the Republic of Vietnam from 8 February 1962 through 28 March 1973.

9.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governed the requirements for the overseas service bar.  In pertinent part, it provided 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 contends that the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Presidential Unit Citation, and one Overseas Service Bar should be added to his DD Form 214.

2.  The evidence of record confirms the applicant served in Vietnam from 14 August 1971 to 12 May 1972 and that he earned the Vietnam Service Medal and the Republic of Vietnam Campaign Medal with Device (1960) as evidenced by the entries contained in items 31 and 41 of his DA Form 20.  Further, based on his Vietnam service and campaign credit he is also entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his 
DD Form 214 should be corrected to include these awards.

3.  The evidence of record does not identify any of the applicant’s Vietnam units. Absent verification of the applicant’s unit while assigned in the Republic of Vietnam, determination of any other unit awards entitled to at that time is not possible.  Although the applicant provides some indication of his RVN units, neither the 26th Engineer Battalion nor the 196th Infantry Brigade was awarded the Presidential Unit Citation.  Accordingly, there is no basis for granting this portion of the requested relief.

4.  There is no effective relief for addition of an overseas service bar to his DD Form 214 as it is an item of uniform wear and not governed by pertinent  regulations for addition to an individual's DD Form 214.

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.  adding to item 24 of his DD Form 214 the Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and
   
b.  issuing him a correction to his DD Form 214 to reflect these changes.

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 adding the Presidential Unit Citation and one Overseas Service Bar to his DD Form 214.



      ___________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)                                         AR20100008387



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100008387



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1