BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100011011 


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 that his records be audited and his DD Form 214 (Report of Separation from Active Duty) corrected to accurately reflect all awards.

2.  The applicant states he completed more than one tour of duty in Vietnam and saw medals awarded to Vietnam veterans in a commercial catalogue.  He is unsure if the medals are official and wants his records corrected to show all authorized, earned, and awarded medals.

3.  The applicant provides copies of the following:

* a Department of Veterans Affairs (VA) rating decision
* a VA letter
* three medals listed as, "CM5 VN War, CM22 VN Disabled Vet, and CM7 VN Tet Offensive"
* his DA Form 20 (Enlisted Qualification Record)
* his initial DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* 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 basis to waive the statute of limitations for timely filing.

2.  With respect to the issuance of the "CM5 VN War, CM22 VN Disabled Vet, and CM7 VN Tet Offensive," these medals are not officially recognized.  Title 32, Code of Federal Regulations, part 578, lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; such medals are not listed as official.  Army Regulation 600-8-22 (Military Awards) provides that such medals may not be shown on the DD Form 214.  Therefore, these medals will not be discussed further in the Record of Proceedings.

3.  The applicant's record shows he was inducted into the Army of the United States on 7 September 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty 52B (Power Generator Equipment Operator/Mechanic).  He served through multiple extensions or reenlistments and attained the rank/grade of specialist five (SP5)/E-5.

4.  His records show he served in the Republic of Vietnam (RVN) as follows:

* 22 March 1967 through 14 March 1968 - 504th Transportation Detachment, Headquarters and Headquarters Company (HHC), 504th Field Depot
* 25 July 1969 through 2 March 1971 – Company D, 40th Signal Battalion
* 18 January 1973 through 31 January 1973 - 221st Signal Company, U.S. Army Strategic Command Signal Brigade
 
5.  Item 39 (Campaigns) of his DA Form 20 credits him with participation in the following campaigns:
 
* Vietnam Counteroffensive Phase II
* Vietnam Counteroffensive Phase III
* Tet Counteroffensive 1968
* Vietnam Summer-Fall 1969
* Vietnam Winter-Spring 1970 
* Sanctuary Counteroffensive
* Vietnam Counteroffensive Phase VII
* Seventeenth Campaign

6.  On 28 March 1974, he was honorably discharged in the rank/grade of       SP5/E-5.  His records show he completed 7 years, 6 months, and 22 days of creditable active service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his initial DD Form 214 for the period 7 September 1966 to 28 June 1968 lists the following awards:

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal (VSM)

8.  Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period 29 June 1968 to 28 March 1974 lists the following awards:

* Army Good Conduct Medal with two loops
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* RVN Campaign Medal with device
* VSM with five bronze service stars
* Army Good Conduct Medal [separate entry]

9.  Army Regulation 600-8-22 lists the Vietnam Cease-Fire campaign for the period 30 March 1972 to 28 January 1973.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to HHC, 504th Field Depot, this unit was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 48, dated 1968.

11.  Department of the Army Pamphlet 673-2 shows that at the time of his assignment in the RVN, he was entitled to award of the RVN Gallantry Cross with Palm Unit Citation by DAGO Number 8, dated 1974.

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that awards and decorations for all periods of service will be listed in the priority sequence specified in Army Regulation 600-8-22.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

13.  Army Regulation 600-8-22 states the VSM 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.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to accurately reflect all his awards was carefully considered.  There is sufficient evidence to support this request.

2.  Records show he was awarded the National Defense Service Medal, but it is not listed on his last DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  General orders awarded his unit the Meritorious Unit Commendation and the RVN Gallantry Cross with Palm Unit Citation while he was assigned to the unit.  Therefore, he is entitled to both awards and correction of his last DD Form 214 to show these unit awards. 

4.  His records show he participated in nine campaigns during his tours of duty in the RVN, although the Vietnam Cease-Fire Campaign was inadvertently left off his DA Form 20.  However, his DD Form 214 shows award of the VSM with only five bronze service stars.  Therefore, he is entitled to award of the VSM with one silver service star and four bronze service stars and correction of his last DD Form 214 accordingly.

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 is 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 item 26 of his last DD Form 214 the VSM with five bronze service stars;

	b.  adding to item 26 of his last DD Form 214 the National Defense Service Medal, the VSM with one silver and four bronze service stars, the Meritorious Unit Commendation, and the RVN Gallantry Cross with Palm Unit Citation; and

	c.  issuing him a correction to his last DD Form 214 reflecting these changes.



      ___________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)                                         AR20100011011



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ABCMR Record of Proceedings (cont)                                         AR20100011011



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