BOARD DATE:	 28 September 2010 

		DOCKET NUMBER:  AR20100009483 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show all unit citations and awards to which he is entitled.

2.  He states, in effect, his unit received recognition in the form of awards, citations, and campaign stars which are not annotated on his DD Form 214 and he would like to make his record complete and accurate.

3.  He provides a copy of his DD Form 214.

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.  His record shows he enlisted in the Regular Army on 15 October 1964 and held military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/pay grade he attained while serving on active duty was sergeant/
E-5.  On 13 October 1967, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).

3.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served a tour of duty in the Republic of Vietnam from 8 July 1965 through 30 June 1966.

	b.  Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he served in Company B, 2d Battalion, 502d Infantry Regiment, from 8 July 1965 through 4 June 1966.

4.  Headquarters, U.S. Army Vietnam, General Orders Number 4693, dated 16 July 1966, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 26 March 1966.

5.  Headquarters, 82d Airborne Division, Fort Bragg, NC, General Orders Number 267, dated 3 October 1967, awarded him the Army Good Conduct Medal (First Award) for exemplary behavior, efficiency, and fidelity for the period 15 October 1964 through 13 October 1967.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized to wear:

* the Parachutist Badge
* the Combat Infantryman Badge
* the National Defense Service Medal
* the Army Commendation Medal
* the Vietnam Service Medal

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding him additional awards.

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the Vietnam Service Medal.  Appendix B shows the campaigns for Vietnam.  During his tour in Vietnam he participated in two campaigns:  the Vietnam Defense Campaign and the Vietnam Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

9.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows awards received by units serving in the Republic of Vietnam.  This pamphlet shows Department of the Army General Orders (DAGO) awarded the following recognition to the applicant's unit for achievements during his period of assignment:

* the Presidential Unit Citation, DAGO 20, dated 1967
* the Valorous Unit Award, DAGO 17, dated 1968, as amended by DAGO 1, dated 1969
* the Meritorious Unit Commendation, DAGO 17, dated 1968, as amended by DAGO 1, dated 1969
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation, DAGO 8, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show all unit citations and awards to which he is entitled was carefully considered and determined to have merit.

2.  General orders awarded him the Army Commendation Medal with "V" Device for heroism.  The evidence shows this award is improperly entered on his DD Form 214 without the "V" Device.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

3.  General orders awarded him the Army Good Conduct Medal (First Award) for the period 15 October 1964 through 13 October 1967.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  His records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for the wear of two bronze service stars to be affixed to his Vietnam Service Medal.

5.  The evidence shows he completed a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to have his records corrected to show this award.

6.  DAGO awarded the following recognition to the applicant's unit for achievements during his period of assignment; therefore, he is entitled to correction of his records to show receipt of this recognition:

* the Presidential Unit Citation
* the Valorous Unit Award
* the Meritorious Unit Commendation
* the Republic of Vietnam Gallantry Cross with Palm Unit Citation

BOARD VOTE:

____x___  ___x____  __x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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.  deleting the Army Commendation Medal and the Vietnam Service Medal from item 24 of his DD Form 214 and

	b.  adding the following to item 24 of his DD Form 214:

		(1)  the Army Commendation Medal with "V" Device,

		(2)  the Army Good Conduct Medal (First Award),

		(3)  the Vietnam Service Medal with two bronze service stars,

		(4)  the Republic of Vietnam Gallantry Cross with Palm Unit Citation,

		(5)  the Republic of Vietnam Campaign Medal with Device (1960),

		(6)  the Presidential Unit Citation,

		(7)  the Valorous Unit Award, and

		(8)  the Meritorious Unit Commendation.



      __________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)                                         AR20100009483



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)