BOARD DATE:	  30 September 2010

		DOCKET NUMBER:  AR20100009936 


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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 9 November 1967 to show award of two overseas service bars.

2.  The applicant states that he spent 1 year serving in combat in the Republic of Vietnam not 6 months as shown on his DD Form 214.

3.  The applicant provides pages 2, 3 and 4 of his DA Form 20 (Enlisted Qualification Record) 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.  With prior active service, the applicant enlisted in the Regular Army on 13 September 1963 for a 3 year period.  He was awarded military occupational specialty 153.10 (Artillery Surveyor).  He served in an active duty status 1 year, 1 month, and 27 days and he was honorably discharged for immediate reenlistment on 9 November 1964.  

3.  Upon discharge, he was issued a DD Form 214 that shows in item 24c (Statement of Service – Foreign and/or Sea Service) he served in the U.S. Army – Europe (USAREUR) 7 months and 16 days.

4.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this same DD Form 214 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 

5.  On 10 November 1964, he reenlisted.  

6.  The applicant's DA Form 20, item 31 (Foreign Service) shows he served three foreign service tours as follows:

   a.  in the Federal Republic of Germany from 26 February 1959 to 10 September 1960 (19 months); 
   
   b.  in the U.S. Army Europe - Germany from 24 March 1964 to 27 November 1966 (22 months); and
   
   c.  in the Republic of Vietnam from 23 December 1965 to on or about 10 December 1966 (12 months).  He was assigned to the following two units: 
   
* Battery C, 1st Battalion, 21st Artillery, 1st Cavalry Division (Air Mobile) from 27 December 1965 to 2 April 1966 
* Battery A, 2nd Battalion, 20th Artillery, 1st Cavalry Division (Air Mobile) from 3 April 1966 to 10 December 1966

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* two Overseas Service Bars
* Aircraft Crewman Badge
* Republic of Vietnam Campaign Medal with Device (1960) 
* Air Medal (4th Award)
* Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

8.  On 9 November 1967, the applicant was honorably discharged.  The DD Form 214 he was issued this date shows he completed 3 years of active service for this period with a total of 9 years, 1 month, and 8 days of active Federal service. 

9.  Item 22c (Statement of Service – Foreign and/or Sea Service) of his DD Form 214 shows the applicant served a combined overseas tour of 2 years and 7 days in U.S. Army – Europe and U.S. Army – Vietnam.  The duration of his tour in the Republic of Vietnam is not shown.

10.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards and decorations:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960) 
* Vietnam Service Medal with 1 bronze service star
* Overseas Service Bar (one)
* Aircraft Crewman Badge
* Army Good Conduct Medal
* Air Medal (4th Award)

11.  References:

	a.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states 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 periods 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 was 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 were counted as whole months for credit toward the overseas service bar.

	b.  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.  Appendix B of this regulation shows the campaigns for Vietnam.  This regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  During the applicant's tour in Vietnam, he participated in two campaigns:

* Vietnamese Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnamese Counteroffensive Phase (1 July 1966 - 31 May 1967)

	c.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows that the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Order Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The overseas service bar is normally not entered on a Soldier's DD Form 214 because it is an item of uniform wear, not an award or decoration.  However, since the number of bars listed on the applicant's DD Form 214 is incorrect, it would be appropriate to correct his DD Form 214 to show he is entitled to two overseas service bars.

2.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and it is properly recorded on his DD Form 214 with a separation date of 9 November 1964.  Inadvertently this award was not recorded on the applicant's final DD Form 214 with a separation date of 9 November 1967.  Therefore, it would be appropriate to correct his final DD Form 214 to show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar

3.  Records show the applicant received the Vietnam Service Medal with one bronze service star.  However, based on the applicant's documented service in the Republic of Vietnam he is entitled to a correction of his record to show he served during two campaigns.  Therefore, he is entitled to award of one additional bronze service star and a correction of his record to show award of the Vietnam Service Medal with two bronze service stars. 

4.  General orders announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the applicant is entitled to a 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: 

	a.  deleting from his DD Form 214 with a separation date of 9 November 1967 the Vietnam Service Medal with one bronze service star;

	b.  deleting the Overseas Service Bar (1); and

	c.  adding to his DD Form 214 the following awards and badges:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Two Overseas Service Bars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation  
* Vietnam Service Medal with two bronze service stars





      _______ _  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)                                         AR20100009936



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (