BOARD DATE:	  20 October 2010

		DOCKET NUMBER:  AR20100011188 


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 of his authorized awards and decorations.

2.  The applicant states he was notified by the National Personnel Records Center, Military Personnel Records, St. Louis, MO, that he was authorized the Bronze Star Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  However, only the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, and Expert Marksmanship Qualification Badge with Automatic Rifle (M-16) Bar are recorded on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and National Personnel Records Center, St. Louis, MO, letter, dated 1 March 2010.

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 enlisted and entered active duty in the Regular Army for a period of 2 years on 20 August 1968.  Upon completion of training he was awarded military occupational specialty 54D (Chemical Equipment Repairman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service) he served in Vietnam from 9 February 1969 through 7 February 1970;

   b.  item 38 (Record of Assignments) he was assigned to Headquarters and Company A, 725th Maintenance Battalion, 25th Infantry Division, from 
18 February 1969 through 3 February 1970;

	c.  item 39 (Campaigns) he served in Vietnam during the Tet 1969 Counteroffensive and Vietnam Counteroffensive Phase VI campaigns; and

	d.  item 41 (Awards and Decorations) the National Defense Service Medal, Bronze Star Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, [Expert] Marksmanship Qualification Badge with Rifle (M-16) Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

4.  Headquarters, 25th Infantry Division, General Orders Number 1081, dated
26 January 1970, awarded the applicant the Bronze Star Medal for meritorious service against a hostile force in the Republic of Vietnam from February 1969 to February 1970.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 19 August 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  At the time he had completed 2 years of net active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar, and Expert Marksmanship Qualification Badge with Rifle (M-16) Bar.

6.  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 additional individual award orders pertaining to the applicant.

7.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

8.  The applicant's DA Form 20 shows he was authorized the Vietnam Service Medal and that he participated in two campaigns.

   a.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. Paragraph 2-13 provides the regulatory guidance on the Vietnam Service Medal.  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 one or more days with an organization participating in or directly supporting military operations.  It also states that one bronze service star is authorized with this service medal for each Vietnam Conflict campaign a member is credited with participating in.

   b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's tour in Vietnam from 9 February 1969 to 7 February 1970, he participated in the following campaigns:

* Vietnam Counteroffensive Phase VI  (2 November 1968 - 22 February 1969)
* Tet Counteroffensive 1969  (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970  (1 November 1969 - 30 April 1970)

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that at the time of the applicant's assignment to Headquarters and Company A, 725th Maintenance Battalion, the battalion was awarded the:

   a.  Meritorious Unit Commendation by Department of the Army General Orders (DAGO) Number 39 (1970);
   b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51 (1971); and
   
   c.  Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 5 (1973).

10.  Army Regulation 600-8-22, paragraph 9-13, shows 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 six months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  

11.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in pertinent part, states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show all of his authorized awards and decorations.  Specifically, the Bronze Star Medal, Vietnam Service Medal, and Republic of Vietnam Campaign Medal with Device (1960).
  
2.  The evidence of record shows:

   a.  General orders awarded the applicant the Bronze Star Medal.

   b.  The applicant qualified for award of the Vietnam Service Medal and he served in four campaigns during his service in Vietnam, which entitles him to the Vietnam Service Medal with four bronze service stars.
   
   c.  The applicant qualified for award of the Republic of Vietnam Campaign Medal with Device (1960).

   d.  General orders awarded the applicant's unit the Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.
   
3.  Therefore, in view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show the aforementioned awards and decorations.

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 to item 24 of his DD Form 214 the Bronze Star Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Meritorious Unit Commendation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.




      _______ _   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)                                         AR20100011188



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ABCMR Record of Proceedings (cont)                                         AR20100011188



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