IN THE CASE OF:	  

		BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100009583 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following awards:

* Vietnam Service Medal with one bronze service star
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Carbine Bar  

2.  The applicant states he was improperly discharged and recently his record was corrected.  He further states he is entitled to the above awards and would like them added to his DD Form 214.

3.  The applicant provides a document of unknown origin listing the above awards [possibly originating from NARA, the National Archives and Records Administration] and other documents prepared by the Army Review Boards Agency dealing with his discharge upgrade.  

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 military personnel records show he enlisted in the Regular Army on 23 January 1961.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 293.10 (Radio Relay and Carrier Operator).

3.  On 12 June 1961, the applicant was assigned to the 232nd Signal Company at Fort Huachuca, AZ.

4.  On 17 March 1962, the applicant deployed with his unit to the Republic of Vietnam.  On 22 July 1962, he departed Vietnam to return to the United States.

5.  On 25 July 1962, the applicant was discharged under the provisions of Army Regulation 635-209.  He had completed 1 year, 6 months, and 3 days of active service that was characterized as under honorable conditions.  

6.  On 22 October 2009, the Army Board for Correction of Military Records (ABCMR) recommended approval of the applicant's request for upgrade of his discharge to honorable in Docket Number AR20090006803.  On 28 October 2009, the ABCMR's recommendation was approved.   

7.  The applicant's DD Form 214 shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the Sharpshooter Qualification Badge with Rifle Bar.  Item 13 does not show any other awards.  

8.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service 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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  Prior to issuance of the Vietnam Service Medal, service members who served in Vietnam between 1 July 1958 and 3 July 1965 were awarded the Armed Forces Expeditionary Medal.  Those service members may request issuance of the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal; however, the Armed Forces Expeditionary Medal must be rescinded as no service member may be issued both medals for service in Vietnam.  The applicant's service in Vietnam coincides with the Vietnam Advisory Campaign which began on 15 March 1962 and ended on 7 March 1965.

9.  Department of the Army General Orders Number 3, dated 1966, awarded the 232d Signal Company the Meritorious Unit Commendation for the period February 1962 to June 1965.

10.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

11.  Special Orders Number 59, Headquarters, 39th Signal Battalion, dated 5 May 1962, announced award of the Marksman Marksmanship Qualification Badge with Carbine Bar to the applicant.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's request for correction of his DD Form 214 to show the Vietnam Service Medal with one bronze service star, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Marksman Marksmanship Qualification Badge with Carbine Bar.

2.  The applicant served in Vietnam for 58 days from 22 July 1962 through 17 September 1962 during a period of eligibility for the Armed Forces Expeditionary Medal, and the evidence of record shows he participated in one campaign.  Although entitled to the Armed Forces Expeditionary Medal, there is no indication he ever received that award.  Had he received it, he would be entitled to replace it with the Vietnam Service Medal (with bronze service star).  He is entitled to correction of his record to show award of the Vietnam Service Medal with one bronze service star.

3.  General orders awarded the applicant's unit the Meritorious Unit Commendation and announced the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  He is entitled to correction of his record to show these awards.

4. Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Carbine Bar.  He is entitled to correction of his record to show this 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 adding the following to his DD Form 214:

* Vietnam Service Medal with one bronze service star
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Carbine 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)                                         AR20100009583





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ABCMR Record of Proceedings (cont)                                         AR20100009583



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