IN THE CASE OF:	  

		BOARD DATE:	  2 December 2010

		DOCKET NUMBER:  AR20100013126 


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 records to amend his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to include the medals and citations not listed in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214.

2.  The applicant states the following awards were not listed on his final DD Form 214:

* Combat Infantryman Badge (CIB)
* Bronze Star Medal (BSM)
* Republic of Vietnam (RVN) Gallantry Cross
* Vietnam Campaign Medal [properly known as the Republic of Vietnam Campaign Medal with Device (1960)]
* All other personal and unit citations

3.  The applicant submits a copy of Official Order Number 077 and General Orders Number 6512 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.  The applicant's records show he was inducted into the Army on 15 December 1965.  Item 22 (Military Occupational Specialties (MOS) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was awarded MOS 11B (Light Weapons Infantryman) on 7 May 1966.  During this period of service he served in the RVN from 1 June 1966 to 10 March 1968, in MOS 11B, with duty as a security guard, and he was assigned to Advisory Team Number 27, II Corps, U.S. Military Assistance Command Vietnam (USMACV).  

3.  On 6 January 1968, the applicant was honorably discharged.  He completed 2 years and 21 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists the following awards:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal with Device (1960)
* CIB
* One Overseas Service Bar

4.  On 7 January 1968, the applicant enlisted in the Regular Army.  During this period of service he served in the RVN from 28 November 1969 to 29 April 1971 in MOS 11B, with duty as a Village/Hamlet Security Advisor, USA Advisory Group, ICZ (W-08-02-C), USMACV.  

5.  General Orders Number 6512, USMACV, dated 5 November 1970, shows he was awarded the BSM with "V" Device for heroism on 12 February 1970.

6.  Official Order Number 77, RVN, Army to the RVN, dated 2 August 1971, shows he was awarded the Gallantry Cross with Gold Star for outstanding performance as an individual award.

7.  On 9 June 1972, he was honorably discharged by reason of physical disability after serving for a total of 6 years, 5 months, and 21 days of active service.  Item 24 of this DD Form 214 shows the following awards:

* Good Conduct Medal (2nd award)
* Purple Heart
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

8.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A silver service star will be worn in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following seven campaigns:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January - 1 April 1968)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

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, USMACV and its subordinate units during the period 8 February 1962 to 28 March 1973

11.  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 time frames 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.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant was awarded or authorized to wear the following awards and decorations.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 9 June 1972 to show the:

* BSM with "V" Device
* NDSM
* Three Overseas Service Bars
* RVN Gallantry Cross with Gold Star
* RVN Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* VSM with one silver service star and two bronze service stars
* CIB

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 is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual be corrected by:

	a.  deleting from item 24 of his DD Form 214 for the period ending 9 June 1972 the VSM, and

   b.  adding to item 24 of his DD Form 214 for the period ending 9 June 1972 the:

* BSM with "V" Device
* NDSM
* CIB
* VSM with one silver service star and two bronze service stars
* RVN Gallantry Cross with Gold Star
* RVN Gallantry Cross with Palm Unit Citation
* RVNCM with Device (1960)
* three Overseas Service Bars



      _______ _  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)                                         AR20100013126



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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